These TERMS OF SERVICE (these "Terms") govern and regulate access to and use of the website and the Service provided by Ogment, Inc. d/b/a ogment.ai ("Ogment," "we," "us," or "our") and the relationship among Ogment and Customer, Authorized Users, Website visitor, Account Holder, or a technology development partner in connection with the use of the Service (as defined below).
The purpose of these Terms is to clearly define the rights, responsibilities, and obligations of each party; establish the framework under which the Service is delivered; and promote transparency regarding how the Service operates, including how Customer Data is collected, processed, stored, and secured. These Terms are intended to ensure mutual understanding, protect the integrity and confidentiality of all data handled through the Service, and provide a predictable, compliant, and secure structure for ongoing collaboration between the parties. These Terms operate in conjunction with the [Privacy Policy] which explains in detail how personal data is collected, used, stored, and protected. Together, these documents form the agreement governing the Service’s operation and the parties’ respective obligations relating to data and privacy.
All capitalized terms used in these Terms have the meanings assigned to them herein.
By using the Service, or otherwise indicating your consent to these Terms, you acknowledge that you have read and understood these Terms and you accept and agree to be bound and abide by these Terms. If you do not agree with any part of these Terms, you must not use the Service.
To access and use the Service, Customer must first create an account with Ogment (the "Account") on Ogment’s Website. Upon establishing the Account, Customer may grant access to the Service to its employees, contractors, or other individuals designated by the Customer (each an "Authorized User") through the Administrative Console provided by the Ogment. If the Customer has more than one Authorized User, they shall appoint an Admin.
Customer is solely responsible for:
Authorized Users may only access and use the Service in accordance with the permissions configured by the Customer and solely for the Customer’s business purposes, whether for internal operations or in connection with services provided to the Customer’s own clients.
Ogment provides a platform and tools that enable users to transform data, APIs, and software tools into production-ready MCP Servers, deployable inside LLM and AI Assistants (the "Service"). To enable the Service, you must establish integrations on the Website with your selected data sources, third party MCPs, APIs, documentation repositories, or internal tools (referred to together as the "Customer Systems"). These integrations allow the configured MCP to retrieve data, execute queries, and support natural-language interactions from LLMs.
You shall initiate integration by identifying and selecting the Customer Systems to be connected to the MCP Server. To complete the configuration, you must:
Ogment shall access and process data from Customer Systems solely for the purposes of:
Service may generate text, analyses, summaries, recommendations, MCP Server code and runtime logic schemas, metadata, and configuration files API integrations, transformed API definitions, and tool wrappers; packaged or deployment-ready artifacts intended for use within an LLM, workflow definitions, automation logic, and validation results, and any documentation, instructions, or other content using machine learning and generative artificial intelligence models (referred thereafter together as the "AI-Generated Output"). Customer acknowledges that AI-Generated Output may contain inaccuracies, omissions, errors, hallucinations, or fabricated information and may not always reflect real-world facts, current legal requirements, or Ogment-verified data.
Customer agrees not to rely on AI-Generated Output as a sole source of truth and shall independently evaluate the accuracy, completeness, legality, and appropriateness of any AI-Generated Output before using or acting upon it. Customer is solely responsible for verifying all information produced by the Service, particularly where such information is used for decision-making, compliance, legal matters, financial analysis, medical or safety purposes, or any other critical function.
AI-Generated Output is provided for informational purposes only and does not constitute legal, financial, tax, medical, or professional advice. Ogment does not warrant that AI-Generated Output will meet any regulatory, industry-specific, or professional standards applicable to the Customer.
Customer is solely responsible for:
Ogment shall proactively monitor on a 24x7 basis all Service functions, servers, firewalls, and other components of Service security. If such monitoring identifies, or Ogment otherwise becomes aware of, any circumstances reasonably likely to threaten the availability of the Service, Ogment shall take all necessary and reasonable remedial measures to promptly eliminate the threat and ensure full availability. If Ogment becomes aware that the Service or any function or component is not available (including by notice from the Customer), Ogment shall promptly confirm such unavailability and work continuously until all issues are resolved in accordance with the required times per these Terms. Ogment's confirmation of unavailability shall be deemed (the "Support Request") for purposes of the table set forth below.
Ogment shall continuously maintain the Service to optimize availability and meet or exceed the availability requirement, including by providing Customer and its Authorized Users:
Ogment commits to 99% monthly uptime for the MCP Server, excluding scheduled maintenance windows. Uptime is measured on a calendar-month basis and excludes factors outside Ogment's reasonable control (e.g., force majeure, Customer-side outages).
Ogment will respond to reported incidents based on severity level (defined below). Resolution times represent targets based on commercially reasonable efforts.
Severity 1 – Critical
Description: Full-service outage or critical functionality unavailable with no workaround
Initial response: < 1 hour
Target resolution: < 12 hours
Severity 2 – High
Description: Major feature impaired, significant business impact, workaround exists
Initial response: < 4 hours
Target resolution: < 48 hours
Severity 3 – Medium
Description: Partial loss of functionality with minimal business impact
Initial response: < 1 business day
Target resolution: < 5 business days
Severity 4 – Low
Description: Cosmetic issues, general questions, non-urgent requests
Initial response: < 2 business days
Target resolution: Next planned release or 30 days
Scheduled maintenance shall be performed during low-traffic periods, typically on weekends or outside of standard business hours. Ogment shall provide no less than forty-eight (48) hours' advance written notice for any scheduled maintenance expected to impact service availability.
Ogment reserves the right to perform emergency maintenance as required for reasons of security, system stability, or data integrity. In such cases, Ogment will provide notice as soon as practicable and will communicate relevant status updates promptly.
Ogment shall target the 95th percentile (p95) of API response times to be under 500 milliseconds. This threshold may be modified by mutual written agreement.
Ogment shall maintain automatic infrastructure scalability to ensure performance remains within agreed-upon thresholds during variable demand.
Ogment will provide support from Monday through Friday, 9:00 AM to 6:00 PM Central European Time (CET), excluding recognized public holidays. An optional enhanced support plan may be purchased, which provides twenty-four hours, seven days a week (24/7) coverage for Severity 1 and Severity 2 issues.
Severity 1 – Critical
Severity 2 – High
Severity 3 – Medium
Severity 4 – Low
Level 1 (Leadership Team / Senior Engineering) responds to Severity 1 incidents. They assume end-to-end ownership of critical outages and coordinate technical mitigation and recovery, including participation in root cause analysis and long-term corrective measures.
Level 2 (Engineering Specialist / Product Engineering) responds to Severity 2 incidents. They provide deep technical expertise and may support Severity 1 issues as needed. They also contribute to root cause analysis and patch deployment.
Level 3 (Support Engineer) responds to Severity 3 incidents. This level handles functional defects, configuration issues, and performance problems, escalating to Level 2 when necessary.
Level 4 (Front-Line Support / Triage) handles Severity 4 issues. They assist with troubleshooting, user guidance, routing non-urgent tickets, and maintaining the customer knowledge base.
For Severity 1 and 2 incidents, Ogment will provide status updates at least every two (2) to four (4) hours. For Severity 3 incidents, updates will be provided daily or as relevant based on complexity. For Severity 4 issues, updates will follow the standard support cadence.
Ogment maintains and continuously improves an industry-standard information security program designed to protect the confidentiality, integrity, and availability of Customer Data. This program includes administrative and technical safeguards appropriate to the sensitivity and volume of Customer Data processed through the Service.
Ogment implements safeguards proportionate to the risks presented by the processing of Customer Data and maintains policies addressing data protection, secure development, incident response, business continuity, and vendor risk management.
To secure Customer Data, Ogment applies the following measures:
Ogment maintains a robust identity and access management framework that includes:
Ogment conducts regular internal and external security audits to assess and enhance the effectiveness of its security controls. All sensitive or security-relevant operations performed within the Service are logged to ensure accountability, facilitate diagnostics, and support incident response.
In the event of a Security Incident affecting Customer Data, Ogment will notify Customer without undue delay and, in any case, within 48–72 hours of confirming the Security Incident. Notification may be delivered via email or through the Customer's designated communication channel. The notification will include, to the extent known at the time:
Where full details cannot be provided at the time of initial notification, Ogment will provide updates as additional information becomes available.
Ogment will promptly investigate the Security Incident, take reasonable steps to mitigate its effects, and prevent recurrence. Ogment will cooperate with the Customer's reasonable requests in connection with the Security Incident, including providing relevant records, logs, or documentation as necessary for the Customer to meet its legal or contractual obligations.
Ogment shall be solely responsible for implementing and maintaining the security of its own systems, endpoints, and application programming interfaces (APIs). The Customer shall ensure that such systems and components are protected against unauthorized access, use, disclosure, alteration, or destruction by employing appropriate administrative, technical, and physical safeguards consistent with industry standards.
Ogment shall restrict access to its systems, endpoints, and APIs to only those users who are authorized to access such resources. The Customer shall implement and enforce access control policies based on the principles of least privilege and minimum necessary access. The Customer shall ensure that all authorized users are uniquely identified and authenticated using secure credentials, and that access is promptly revoked when no longer required.
Ogment is responsible for maintaining up-to-date configurations for its systems, endpoints, and APIs. This includes, but is not limited to, applying security patches, updates, and configurations necessary to address known vulnerabilities. The Customer shall also implement and enforce the use of multi-factor authentication (MFA) for all access to its systems, endpoints, and APIs where feasible, to enhance security and reduce the risk of unauthorized access.
Ogment shall ensure that its security measures comply with applicable industry standards, including but not limited to encryption methodologies, access control protocols, and monitoring practices. Customer shall take all reasonable steps to protect the confidentiality, integrity, and availability of its systems and data.
Customer retains full ownership, rights, title, and interest to all Customer Data provided, shared, or otherwise made available to the Ogment in connection with the Service under these Terms. Nothing in these Terms shall be construed to transfer ownership of Customer Data to Ogment or any third party.
Customer grants Ogment a limited, non-exclusive, non-transferable, revocable license to process Customer Data solely for the purpose of providing the Service as expressly set forth in these Terms. Ogment shall process Customer Data only in accordance with the Customer's instructions, applicable laws, and these Terms. Ogment shall not use Customer Data for any purpose other than as necessary to perform its obligations under these Terms.
Upon termination or expiration of Service, or upon the Customer's written request, Ogment shall promptly return or securely delete all Customer Data in its possession or control, including any copies thereof, unless retention is required by applicable law.
The obligations set forth in this clause shall survive the termination or expiration of these Terms.
Ogment may collect, use, store, analyze, and disclose Metadata for the following purposes:
Ogment retains all right, title, and interest in and to Metadata and any derivatives thereof, including any improvements, models, or algorithms developed through its use, and nothing in these Terms grants Customer any rights to such Metadata or such derived works. Customer agrees not to interfere with or restrict the Ogment's ability to collect or use Metadata as permitted herein.
Customer agrees to use Service in compliance with all applicable laws, regulations, and industry standards, including but not limited to those governing data protection, intellectual property, and privacy. Customer shall not use the Service to engage in any activity that violates any law, regulation, or the rights of any third party.
Ogment grants Customer a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service for personal or commercial purposes, in accordance with these Terms.
You agree not to do any of the following:
Ogment shall:
The obligations of confidentiality shall not apply to any information if Ogment can demonstrate:
In the event Ogment becomes aware of any unauthorized use, access, or disclosure of the Customer's Confidential Information, Ogment shall promptly notify the Customer and take all reasonable steps to mitigate the effects of such unauthorized use or disclosure and prevent any further unauthorized use or disclosure.
The obligations of confidentiality set forth in these Terms shall survive the termination or expiration of these Terms for a period of one (1) year from the date of such termination or expiration. Notwithstanding the foregoing, with respect to any Confidential Information that constitutes a trade secret under applicable law, the obligations of confidentiality shall continue for as long as such information remains a trade secret.
Ogment is committed to fulfilling applicable data protection obligations, including those under the General Data Protection Regulation (GDPR). Ogment agrees to implement commercially reasonable safeguards to protect all Customer Data, including non-public, sensitive, or proprietary information that may not be explicitly regulated by GDPR, CCPA, or similar statutes.
Ogment owns all rights to the Service, including the platform, tools, software, workflows, models, algorithms, templates, system logic, MCP Server generation tools, deployment tools, integration frameworks, and all technology used to transform data, APIs, and software tools into production-ready MCP Servers. Ogment also owns all improvements, enhancements, processing logic, or any derivative data created through the operation of the Service, including any logic or structures applied to Customer Data. Nothing in these Terms gives the Customer ownership of any Ogment technology, methods, or intellectual property.
Customer owns the raw data, content, APIs, documentation, and internal materials that connect to the Service through Customer Systems. Ogment does not claim ownership of any Customer Data or Customer Systems, and uses such data only to operate and support the Service. Customer ownership applies only to the data itself, not to any processing logic, templates, structures, or derived elements created by Ogment when the Service interacts with Customer Data.
We welcome feedback, comments, and suggestions for improvements to the Service (the "Feedback"). You can submit Feedback by emailing us at support@ogment.ai. You hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), fully-paid, royalty-free license to use, copy, modify, create derivative works based upon, and otherwise exploit for any purpose the Feedback you provide us.
Ogment may rely on Third-Party Content and Third Party Service to enable our Service. These third-party components are governed by their respective terms, and Ogment makes no warranty regarding their availability, accuracy, or suitability. Under no circumstances will Ogment be liable in any way for Third-Party Content and/or Third Party Service, including for any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any such content.
Ogment shall not be liable for any delay, disruption, data loss, or unavailability of the Service caused by any third-party platform or service. Customer acknowledges that such external dependencies are beyond Ogment's control, and service interruptions arising from them shall not constitute a breach of these Terms.
Neither Party shall be liable or deemed to be in breach of these Terms for any failure or delay in performing its obligations to the extent caused by acts of God, flood, fire, earthquake, epidemic, explosion, war, invasion, hostilities (whether war is declared or not), terrorist acts, riot or civil unrest, embargoes or blockades, national or regional emergencies, the passage of law or action by a governmental authority (including export or import restrictions, quotas, or prohibitions), complete or partial government shutdowns, or national or regional shortages of adequate power, telecommunications, or transportation (each, a "Force Majeure Event"). A party affected by a Force Majeure Event must promptly notify the other Party of the event, its expected duration, and must use diligent efforts to end the failure or delay and minimize its effects.
If a Force Majeure Event prevents the Ogment from making the Service available without interruption for five consecutive business days or more, Customer may terminate these Terms by written notice to us. Unless Customer terminates in accordance with the preceding sentence, any date designated for the Ogment's performance shall be extended for a period equal to the duration of the Force Majeure Event, provided the Ogment uses diligent efforts to resume full performance and minimize the impact of the event.
Notwithstanding the foregoing, the following shall not constitute a Force Majeure Event: (i) shutdowns, disruptions, or malfunctions of our system or any of the Ogment's telecommunications or internet Service, except to the extent caused by general, widespread failures not limited to our systems; or (ii) delays or failures of Ogment personnel, except when such delay or failure is itself caused by a Force Majeure Event.
The following disclaimers are made on behalf of Ogment, our affiliates, subsidiaries, parents, successors, and assigns, and each of our respective officers, directors, employees, agents, and shareholders. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF THE SERVICE. WE ARE NOT RESPONSIBLE FOR ANY RESULTS OR ADVICE PROVIDED VIA THE SERVICE AND DISCLAIM ALL LIABILITY WITH RESPECT THERETO.
NEITHER OGMENT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OGMENT OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL OGMENT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OGMENT AND YOU.
To the extent permitted by law, you agree to indemnify, protect and hold Ogment and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service Ogment harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action (including without limitation, the cost of defense, attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by Ogment or its parent, subsidiary and/or affiliated companies) arising directly or indirectly from, as a result of, or in connection with: (i) your Customer Data; (ii) your failure to comply with any of these Terms; (iii) your violation of any applicable laws, rules, or regulations related to your use of the Service; and (iv) your use of the Service. Ogment reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ogment in asserting any available defenses.
Ogment will provide notice to you of any such claim, suit, or proceeding. Ogment reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Ogment's defense of such matter. You may not settle or compromise any claim against the indemnified parties without Ogment's written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Customer agrees that Ogment may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, if it has reasonable grounds to believe that Customer or Authorized Users violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of use of the Service and may be referred to appropriate law enforcement authorities.
Customer may terminate the Service for Ogment's breach upon thirty (30) days' prior written notice, provided that Customer first gives Ogment ten (10) days' prior written notice to cure the breach.
For any Pricing Plan, upon thirty (30) days' prior written notice for convenience.
At any time during an active subscription, and for thirty (30) days following cancellation, expiration, or discontinuation of the Service (collectively, "Termination"), Ogment shall, at Customer's written request, (a) make available a complete and machine-readable export of all Customer Data in Ogment's possession or control, or (b) securely delete or destroy all Customer Data in accordance with industry-standard data sanitization practices (including NIST SP 800-88 or any successor standard), and in compliance with all applicable privacy laws, including the California Consumer Privacy Act (as amended by the CPRA) and the EU/UK GDPR. Ogment shall perform such deletion strictly in accordance with Customer's documented instructions and, upon request, shall certify in writing that deletion has been completed. Notwithstanding the foregoing, Ogment may retain Customer Data only to the extent retention is required to comply with applicable law, lawful process, or legitimate regulatory obligations, or where copies are stored in standard archival or backup systems that cannot reasonably be immediately deleted; provided that all retained copies continue to be protected under the confidentiality, security, and data-protection obligations of these Terms and are deleted in the ordinary course of our retention practices. Provider shall not retain, use, or disclose Customer Data for any purpose other than providing the Service or as otherwise permitted under the CCPA/CPRA and GDPR.
Upon termination of the Service: (a) all rights and licenses granted to Customer shall immediately cease; (b) Customer shall discontinue all use of the Service and, upon Ogment's request, certify such discontinuation in writing; and (c) each party shall promptly return or, at the disclosing party’s election, securely destroy all Confidential Information of the other party in its possession or control, except to the extent retention is required by applicable law or necessary for compliance with audit, accounting, tax, or regulatory obligations. Any such retained information shall remain subject to the confidentiality, privacy, and security obligations of these Terms and shall be deleted as soon as legally permissible. Termination or expiration shall not affect any obligations that expressly or by their nature are intended to survive, including, without limitation, provisions relating to confidentiality, data protection, security, intellectual property, indemnification, payment of fees accrued prior to termination, limitations of liability, and dispute resolution. Provider shall not retain, combine, use, or disclose Customer Data after termination except as expressly permitted under GDPR or required by CCPA/CPRA.
Except as otherwise provided in the Dispute Resolution provision below, these Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Ogment each hereby agree that each submits to the personal and exclusive jurisdiction of the state and federal courts located within the Northern District of California.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
The Service is evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, we'll let you know either by posting the updated Terms within the Service or through other communications. It's important that you review the Terms whenever we update them or when you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms because the modification causes a materially adverse change, then you may terminate the Service.
The Service may contain or be provided together with open-source software. Each item of open-source software is subject to its own license terms. If required by any license for particular open-source software, Ogment makes such open-source software, and Ogment's modifications to that open-source software (if any), available by written request to support@ogment.ai. Copyrights to the open-source software are held by the respective copyright holders indicated therein.
The applicable fees for the Service (the "Fees") are agreed between Ogment and the Customer in the Order Form.
Ogment may allow Customer to pay for access to Service, certain features, products, or Service (the "Purchases"). When you make a Purchase, we may allow payments through a variety of different methods, including but not limited to credit cards, debit cards, ACH, and other methods we may choose to authorize and integrate (the "Payment Methods"). When you choose to make a Purchase, your Payment Method will be charged for the amount (and, if applicable, on the schedule) that was presented to you at the time of Purchase, plus any sales or similar taxes that may be imposed on that payment. You hereby authorize us to charge your Payment Method for those Purchases. You understand and agree that, by signing up for a paid version of the Service (or by purchasing any other feature, product, credit or service that we may make available through the Service), you will be authorizing Ogment and our payment processor to collect, store, transfer, and charge your payment method on file for the agreed upon amount of that transaction. If your primary Payment Method is determined to be expired, invalid, or otherwise not able to be charged, you agree that we can use the secondary payment method in your Account, if available. We reserve the right to revoke access to any feature, product, or service that you have purchased in the event that we are unable to charge your Payment Method for the Purchase that you made. Charges paid by you are final and non-refundable, unless otherwise determined by Ogment.
If you choose direct billing (e.g., debit card, credit card) for any Purchase, we will use a third-party payment processor to bill you through the Payment Method linked to your Account on the Service. Notwithstanding any amounts owed to Ogment hereunder, Ogment does not process payments for any Service. To facilitate payment for the Service (e.g., via credit card, debit card, Google Pay, Apple Pay), we use Stripe, Inc. and its affiliates (the "Stripe"), a third-party payment processor. These payment processing service are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms, Customers who use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Ogment assumes no liability or responsibility for any payments you make through the Service. You must provide and maintain a current, complete, and accurate Payment Method. You represent and warrant that you have the legal right to use any such Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes, even if it has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your billing Account upon demand. You authorize us to attempt repeat charges on your Payment Method if an initial attempt to charge fails.
Under the Digital Millennium Copyright Act of 1998 (the "DMCA"), if you believe in good faith that any content on the Service infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Service; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. You may read more information about the DMCA here.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your content, you may send a written counter-notice containing the following information to the Copyright Agent (identified below): (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and (d) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal courts located within the Northern District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Notices and counter-notices should be sent to legal@ogment.ai. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
Ogment makes no representation that the Service is appropriate or available for use in your jurisdiction. If you choose to access the Service, you do so on your own initiative and are responsible for compliance with any applicable local, state, and federal laws, rules, and regulations.
All Fees and other amounts payable by Customer under these Terms are exclusive of taxes and similar assessments. You are responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by You hereunder, other than any taxes imposed on Ogment's income.
You agree that you are solely responsible for your interactions with any other Customers in connection with the Service, and Ogment will have no liability or responsibility with respect thereto. Ogment reserves the right, but has no obligation, to become involved in any way with disputes between you and any other customer of the Service.
The Website may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or Service on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from Ogment or anyone calling on its behalf, you expressly consent to be contacted by Ogment and anyone calling on its behalf for any and all purposes arising out of or relating to these Terms or your use of the Service, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto-telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from Ogment, its agents, representatives, affiliates or anyone calling on its behalf at the specific number(s) you have provided to Ogment, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your Account or use of the Service. You certify, warrant, and represent that the telephone numbers that you have provided to us are your correct and current contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us and agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone Ogment will charge you according to the type of plan you carry. You also agree that we may contact you by email, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes. You consent to receive communications from us in electronic form should we so elect, including any and all disclosures and other communications that are required by law.
Any notices or other communications provided by Ogment under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Ogment's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ogment. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted (a) via email at dca@dca.ca.gov; (b) in writing at: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834; or (c) by telephone at (800) 952-5210 or (800) 326-2297 (TDD).
Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD). You may contact us at: 404-436-1974, or at 131 Continental Drive, STE 301, Newark, DE 19713, United States.
The Service is made available to the U.S. government with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Access or use of the Service (including the software that enables the Service) by the U.S. government constitutes acknowledgement of our proprietary rights in the Service (including such software).
Neither party shall assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under these Terms, in each case whether voluntarily, involuntarily, by operation of law, or otherwise, without the other Party's prior written notice.
By using our Website or Services, you agree that Ogment may include your business name and logo in its customer lists, case studies, and earnings communications, unless you notify us otherwise. If you are an individual or sole proprietor, this use is subject to your consent under applicable privacy laws, and you may opt out at any time by contacting legal@ogment.ai.
Except as otherwise stated herein or otherwise amended and agreed to by you and Ogment, these Terms constitute the entire and exclusive understanding and agreement between Ogment and you regarding your use of the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Ogment and you regarding the use of the Service. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect - except as otherwise described in the Dispute Resolution by Binding Arbitration section. You may not assign or transfer these Terms, by operation of law or otherwise, without Ogment's prior written consent.
Any attempt by you to assign or transfer these Terms, without such consent, will have no legal effect. Ogment may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
If you have any questions about these Terms or the Service, please contact Ogment at: support@ogment.ai.
Ogment, Inc.
131 Continental Drive, STE 301
Newark, DE 19713, USA
For purposes of these Terms, the following definitions should apply: