Terms and Conditions

Last Modified: 18/09/2024

1. Agreement to Pepsales' Terms of Service

This document outlines the Terms of Service ("TOS" or "Agreement") governing the use of services provided by Pepsales ("Pepsales," "we," "us," or "our"). These terms apply to you ("User" or "you") and any authorized users who access or use the services provided by Pepsales. By using or accessing our services, whether through signing in with Google, Microsoft, other single sign-on services, or otherwise, you acknowledge that you have read, understood, and agreed to be bound by these TOS. You further represent and warrant that you are at least 18 years of age, and that you have the legal capacity to enter into a binding contract.

If you are agreeing to these TOS on behalf of a legal entity, including but not limited to a corporation, limited liability company, partnership, or other business entity, you represent and warrant that you have the authority to bind that entity and its affiliates to these terms and conditions. In such instances, the terms "you" and "your" shall refer to the entity and its affiliates. If you do not have such authority, or if you do not agree with these terms, neither you nor the entity you represent may use or access the Service.

This Agreement includes, without limitation, provisions regarding disclaimers of warranties, limitations of liability, and waivers of certain legal rights, including the right to bring or participate in class actions. Please read these sections carefully.

Pepsales reserves the right to amend or modify these TOS at any time. If we make any significant changes to these terms, we will post the updated version here and make commercially reasonable efforts to notify you via email or other means. You are responsible for reviewing these TOS periodically. Continued use of the services after any changes are posted constitutes your acceptance of the updated terms. If you do not agree to any changes, you must discontinue your use of the Service.

2. Description of the Service

Pepsales provides a personalized artificial intelligence ("AI")-powered software solution (the "Service"), designed to assist sales teams in business-to-business ("B2B") software-as-a-service ("SaaS") companies in enhancing their demonstration capabilities. This improvement in demo capabilities aims to lead to higher win rates and increased sales productivity. The Service includes all related websites, application programming interfaces ("APIs"), data, reports, text, images, videos, and other content made available to you through our platform or any associated services provided by Pepsales.

The Service is available in both free and paid subscription plans. Your access to certain features of the Service may depend on the subscription plan you choose. From time to time, Pepsales may introduce new features, updates, or modifications to the Service, which will automatically be included under this TOS unless otherwise stated. Pepsales reserves the right, at its sole discretion, to modify, suspend, or discontinue any part of the Service, with or without notice, and without liability to you. Furthermore, Pepsales may impose or waive fees associated with the Service, or modify existing fees, at any time.

3. Access to and Use of the Service

As a condition of your use of the Service, you represent and warrant that all information you provide to Pepsales, including but not limited to your name, contact information, and billing details, is accurate, truthful, and complete. You are solely responsible for ensuring that any person you authorize to use the Service under your account ("Authorized Users") complies with these TOS. You are responsible for maintaining the confidentiality of login credentials, passwords, and any other access methods. You are solely responsible for all activities that occur under your account, including any actions taken by your Authorized Users.

You may use the Service only for lawful purposes and in accordance with these TOS. You agree not to engage in any activity that interferes with or disrupts the functioning of the Service or the servers and networks that are connected to the Service. Unauthorized use of the Service or any third-party content is strictly prohibited. Pepsales reserves the right to monitor and review your use of the Service and may suspend or terminate access to any user who, in our sole discretion, violates these TOS.

Pepsales reserves the right to remove or disable access to any data or content stored on or transmitted via the Service, at its sole discretion, if we believe such content violates these TOS or applicable laws, or otherwise poses a risk to Pepsales or its users.

4. Intellectual Property and Data Ownership

Pepsales retains all rights, title, and interest in and to the Service, including but not limited to its software, code, features, functionality, user interfaces, and any modifications, updates, or derivative works thereof. The Service is protected by copyright, trademark, trade secret, and other intellectual property laws. Except as expressly provided in these TOS, no license or right to use any Pepsales intellectual property, whether by implication, estoppel, or otherwise, is granted to you.

You acknowledge and agree that Pepsales owns all rights, title, and interest in any telemetry, usage data, or analytics generated from your use of the Service ("Pepsales Data"). You hereby grant Pepsales a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, distribute, and display any data you provide to Pepsales in connection with your use of the Service, for purposes of improving the Service or for any other lawful purpose.

You agree not to copy, modify, distribute, sell, or lease any part of the Service, nor reverse-engineer or attempt to extract the source code of the software used in the Service, unless applicable law permits such actions.

5. Warranties and Representations

Mutual Warranties: Each party represents and warrants that it has the full legal right, power, and authority to enter into and fully perform its obligations under this Agreement. Both parties agree to comply with all applicable laws, regulations, and governmental orders related to their respective performances under this Agreement.

Customer Warranties: You represent and warrant that you own or have obtained all necessary licenses, permissions, or consents to any data, content, or materials you provide in connection with your use of the Service, and that your use of the Service and any data provided does not infringe or misappropriate the intellectual property rights, privacy rights, or other legal rights of any third party.

Pepsales Warranties: Pepsales warrants that the Service will be provided in a professional and workmanlike manner, consistent with generally accepted industry standards. However, Pepsalesdoes not warrant or guarantee that the Service will be error-free, uninterrupted, or that it will meet your specific needs or expectations.

6. Privacy and Data Protection

Pepsales is committed to protecting your privacy and Personal Data. All data collection and processing activities by Pepsales will be conducted in compliance with applicable data protection and privacy laws, including the General Data Protection Regulation ("GDPR") and any other applicable laws. Pepsales' practices regarding data collection and use are described in our Privacy Policy, which is incorporated into this Agreement by reference.

You are solely responsible for ensuring that your use of the Service, including the collection, storage, and processing of any Personal Data, complies with all applicable privacy and data protection laws. This includes obtaining all necessary consents from individuals whose data is being processed. If you are located in the European Union or otherwise subject to the GDPR, you agree to comply with the terms of any Data Processing Addendum entered into between you and Pepsales.

7. Confidentiality

Both parties acknowledge that during the course of their relationship under this Agreement, they may have access to certain confidential or proprietary information of the other party ("Confidential Information"). Each party agrees that it will not disclose any Confidential Information to any third party without the prior written consent of the disclosing party, except as may be required by law or as necessary to perform the obligations under this Agreement.

Confidential Information does not include information that: (i) is or becomes publicly available through no breach of this Agreement; (ii) is lawfully received from a third party without restriction; or (iii) was known to the receiving party prior to disclosure by the disclosing party.

8. Payment Terms

For paid subscription plans, you agree to provide accurate, complete, and up-to-date payment information. You authorize Pepsales to charge the payment method provided by you for all applicable fees associated with your use of the Service. Fees for paid plans are billed in advance and are non-refundable unless otherwise specified. Any failure to pay may result in the suspension or termination of your account and access to the Service.

Pepsales reserves the right to modify its pricing at any time. In the event of a price change, Pepsales will provide you with at least seven (7) days' notice prior to the commencement of the next billing cycle. You will be responsible for paying any taxes, levies, or duties imposed by governmental authorities in connection with your use of the Service, excluding taxes based solely on Pepsales' income.

9. Disclaimer of Warranties

The Service and all third-party content provided through the Service are offered on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pepsales makes no warranty that the Service will be uninterrupted, secure, or error-free, or that any defects in the Service will be corrected. Pepsales expressly disclaims any liability for any damage or loss caused by unauthorized access to, or alterations of, your transmissions or data.

10. Limitation of Liability

To the maximum extent permitted by law, in no event shall either party be liable to the other for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to lost profits, lost sales, lost business, or lost data, arising out of or in connection with the use or inability to use the Service, even if the parties have been advised of the possibility of such damages.

In no event shall Pepsales' total liability to you for all claims arising out of or related to this Agreement or the Service exceed the amount of fees paid by you to Pepsales for the Service during the six (6) months preceding the claim or, if no fees have been paid, one hundred U.S. dollars ($100).

11. Indemnification

Each party agrees to defend, indemnify, and hold harmless the other party, its affiliates, officers, directors, employees, agents, and licensors from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) the indemnifying party's breach or alleged breach of this Agreement; (ii) the indemnifying party's violation of any third-party right, including but not limited to any intellectual property or privacy right; or (iii) the indemnifying party's violation of any applicable law, regulation, or governmental order.

12. Term and Termination

This Agreement shall remain in effect for the duration of your subscription to the Service, unless terminated earlier in accordance with this section. Either party may terminate this Agreement for cause if the other party materially breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach from the non-breaching party.

Pepsales reserves the right to suspend or terminate your account or access to the Service immediately if you violate any provision of this TOS. Upon termination, your right to use the Service will cease, and you shall promptly pay any outstanding amounts owed to Pepsales.

13. General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of United States, without regard to its conflicts of law principles. Any disputes arising out of or in connection with this Agreement shall be brought exclusively in the courts of United States, and both parties consent to the personal jurisdiction of those courts.

Class Action Waiver: You agree that any dispute or claim related to this Agreement or the Service will be resolved on an individual basis and not as part of a class, consolidated, or representative action. You waive your right to participate in any class or collective litigation against Pepsales.

Assignment: You may not assign or transfer this Agreement, or any of your rights or obligations hereunder, without the prior written consent of Pepsales. Any attempted assignment or transfer in violation of this section will be void and of no effect. Pepsales may assign this Agreement without restriction.

Survival: The provisions of this Agreement that, by their nature, are intended to survive termination or expiration, including but not limited to sections related to confidentiality, intellectual property, limitations of liability, indemnification, and payment obligations, shall survive any termination or expiration of this Agreement.

Contact Us / Grievance Redressal: If you have any questions, concerns, or grievances regarding these Terms of Service or the use of our Service, you may contact us at hello@pepsales.ai

We aim to respond to all inquiries within 7 business days. For grievances, please provide specific details about the issue, including any supporting documentation, so that we can address your concern promptly and effectively.