Conditions générales d’utilisation

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.

Section 1. Access and Account Creation; Authorized Users

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:

• Managing and maintaining the list of Authorized Users through the Administrative Console;
• Ensuring that Authorized Users comply with these Terms and all applicable policies;
• Implementing appropriate access controls, including assigning role-based permissions where available; and
• Maintaining the confidentiality and security of all login credentials associated with the Account.

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.

Section 2. Scope Of Platform Functionality

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:

• Provide descriptive prompts or technical details that define your intended use case(s); and
• Supply valid access credentials, API tokens, service accounts, or other secure authorization methods necessary for Ogment to connect to the Customer Systems.

Ogment shall access and process data from Customer Systems solely for the purposes of:

• Providing Service;
• Configuring, simulating, and deploying MCP Servers as requested by Customer or each Authorized User;
• Enabling natural-language queries and automated task execution through LLMs; and
• Providing analytics, monitoring, support, and quality improvements related to the Service.

Section 3. AI-Generated Output

3.1. No Representation of Accuracy

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.

3.2. Customer Responsibility for Use of Output

Customer is solely responsible for:

• Determining whether AI-Generated Output is suitable for the Customer’s internal or external use;
• Ensuring compliance with all applicable laws, regulations, and internal policies; and
• Implementing appropriate human review, quality control, and oversight before using or disclosing any AI-Generated Output.

Section 4. Service Monitoring and Management

4.1. Service Availability

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.

4.2. Service Maintenance

Ogment shall continuously maintain the Service to optimize availability and meet or exceed the availability requirement, including by providing Customer and its Authorized Users:

• All updates, bug fixes, error corrections, enhancements, new releases, new versions, and other improvements to the Service that Ogment provides at no additional charge.
• Online access to technical support bulletins and other user support resources and forums, to the extent Ogment makes such resources available to its other Customers.
• All other Service and repairs required to maintain the Service so that they operate properly in accordance with the terms and specifications below.

Section 5. Service Level Agreement (SLA)

5.1. Uptime Commitment for Paid Enterprise Agreements

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).

5.2. Response & Resolution Times for Incidents for Paid Enterprise Agreements

Ogment will respond to reported incidents based on severity level (defined below). Resolution times represent targets based on commercially reasonable efforts.

5.3. Maintenance Windows and Downtime Communications

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.

5.4. Performance Metrics

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.

5.5. Support Hours

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.

5.6. Severity Levels and Escalation

Severity 1 – Critical: Complete Website’s outage or core functionality unavailable for any Customer or Authorized User. No workaround is available. Immediate and material business impact. Escalation Level: 1 (highest). Target Response Time: < 1 hour. Target Resolution Time: < 12 hours.

Severity 2 – High: Major degradation of functionality affecting critical workflows or a significant subset. A workaround may exist, but the operational impact remains substantial. Escalation Level: 2. Target Response Time: < 4 hours. Target Resolution Time: < 48 hours.

Severity 3 – Medium: Partial loss of functionality, intermittent issues, or degraded performance. Workaround available; minimal business impact. Escalation Level: 3. Target Response Time: < 1 business day. Target Resolution Time: < 5 business days.

Severity 4 – Low: Minor bugs, cosmetic issues, documentation questions, or feature requests. No operational impact. Escalation Level: 4. Target Response Time: < 2 business days. Target Resolution Time: next planned release or within 30 days, whichever is sooner.

5.7. Escalation Levels

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.

5.8. Communication During Incidents

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.

Section 6. Data Security; Information Protection

6.1. Security Program

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.

6.2. Technical & Organizational Measures (TOMs)

To secure Customer Data, Ogment applies the following measures:

• Encryption in Transit: All data exchanged between Customer Systems and the Service is encrypted using TLS 1.2 or higher.
• Encryption at Rest: Sensitive Customer Data at rest is encrypted in accordance with industry best practices.
• Least-Privilege Access Controls: Access to Customer Data is strictly limited to authorized personnel whose roles require such access.
• Multi-Factor Authentication (MFA): MFA is enforced for all administrative access.
• Secure Coding & Vulnerability Management: Ogment follows secure development practices, regularly performs vulnerability scanning, and remediates findings promptly.
• Integration and API Security: All APIs require strict token validation, and integrations are isolated within controlled environments. Calls via MCP are subject to rate limits.

6.3. Access Verification; Authentication Controls

Ogment maintains a robust identity and access management framework that includes:

• Audit Logging: Sensitive operations, administrative actions, and access events are logged and retained for diagnostics, compliance, and traceability.
• Credential Security: Customer is responsible for maintaining secure credentials and ensuring their Authorized Users follow appropriate security practices.
• OAuth 2.1 Authentication: Access to interfaces and Service is secured using OAuth 2.1-compliant authentication protocols.
• Contextual Verification: When the MCP is used, contextual verification and intent validation measures are implemented to minimize risks of unauthorized or abusive use.

6.4. Audits and Logging

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.

6.5. Notification of Security Incident

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:

• Description of the nature of the Security Incident;
• Categories and approximate volume of Customer Data affected;
• Date and time of the Security Incident, if known;
• Likely consequences or risks resulting from the Security Incident;
• Corrective or mitigation measures taken or proposed by us;
• Contact information for a point of contact for follow-up.

Where full details cannot be provided at the time of initial notification, Ogment will provide updates as additional information becomes available.

6.6. Mitigation and Cooperation

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.

6.7. Customer Security Responsibilities

Security of Customer Systems, Endpoints, and APIs. 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.

Access Restriction to Authorized Users. 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.

Maintenance of Configurations and Multi-Factor Authentication (MFA). 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.

Compliance with Industry Standards. 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.

Section 7. Customer Data Ownership And License; Metadata

7.1. Customer Data Ownership

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.

7.2. Limited License to Process Customer Data

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.

7.3. Prohibition on Selling, Sharing, or Using for Training Customer Data

Ogment is expressly prohibited from selling, renting, leasing, or otherwise sharing Customer Data with any third party, except as expressly established in these Terms, permitted in writing by the Customer, or as required by applicable law.

Ogment is expressly prohibited from using Customer Data to train, tune, and enhance, enhancing, and evaluating Ogment’s artificial intelligence and machine learning models.

In the event that disclosure of Customer Data is required by law, regulation, or court order, Ogment shall provide Customer with prompt written notice (to the extent legally permissible) to allow the Customer to seek a protective order or other appropriate remedy.

Ogment shall ensure that any subcontractors or agents engaged to assist in the performance of Service under these Terms are bound by confidentiality and data protection obligations no less stringent than those set forth herein.

7.4. Return or Deletion of Customer Data

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.

7.5. Survival

The obligations set forth in this clause shall survive the termination or expiration of these Terms.

7.6. Metadata

Ogment may collect, use, store, analyze, and disclose Metadata for the following purposes:

• Maintaining, supporting, securing, and improving the Service;
• Developing new products, features, and the Service;
• Monitoring compliance with these Terms and applicable law;
• Training, tuning, enhancing, and evaluating the Ogment’s AI and machine learning models;
• Any other purpose permitted by applicable privacy laws.

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.

Section 8. Acceptable Use Policy

8.1. Compliance with Laws

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.

8.2. Permitted Use of Service

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.

8.3. Prohibited Use of Service

You agree not to do any of the following:

• Use, display, mirror or frame the Service or any individual element within the Service, Ogment’s name, any Ogment trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Ogment’s express written consent;
• Use the Service in any manner that violates federal, state, local, or international law or regulation, including, without limitation, any laws related to the export of data or software to and from the US or other countries;
• Access, tamper with, or use non-public areas of the Service, Ogment’s computer systems, or the technical delivery systems of Ogment;
• Impersonate or attempt to impersonate Ogment’s director, employee, contractor, or agent, another Customer or Authorized User, or any other person or entity;
• Attempt to probe, scan, or test the vulnerability of any Ogment system or network, or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ogment or any of Ogment’s or any other third-party (including another Customer) to protect the Service;
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any material on the Service;
• Attempt to gain unauthorized access to, damage, disrupt, or interfere with any parts of the Service, or any server, computer, or database connected to the Service;
• Attempt to decipher, decompile, disassemble, or reverse engineer the Service or any of the software used to operate the Service;
• Collect or store any personally identifiable information from the Service; and/or encourage or enable any other individual to do any of the foregoing.

Section 9. Confidentiality

9.1. Ogment’s Obligations

Ogment shall:

• Maintain the Confidential Information in strict confidence and use at least the same degree of care as it uses to protect its own confidential information of a similar nature, but in no event less than a commercially reasonable standard of care;
• Use the Confidential Information solely for the purpose of performing its obligations and providing Service;
• Limit access to the Confidential Information to its employees, contractors, or agents who have a need to know such information for the purposes of providing Service and who are bound by confidentiality obligations no less restrictive than those set forth herein;
• Not disclose, disseminate, or otherwise make available the Confidential Information to any third party without the prior written consent of the Customer, except as expressly permitted under these Terms.

9.2. Exceptions to Confidentiality

The obligations of confidentiality shall not apply to any information if Ogment can demonstrate:

• Was already known to Ogment without an obligation of confidentiality at the time of disclosure by the Customer;
• Becomes publicly available through no wrongful act or omission of the Ogment; or
• Is lawfully obtained from a third party without restriction on disclosure and without breach of any confidentiality obligation.

9.3. Notification of Unauthorized Use or Disclosure

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.

9.4. Survival of Confidentiality Obligations

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.

9.5. Compliance With Laws

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.

Section 10. Intellectual Property

10.1. Ogment’s IP

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.

10.2. Customer’s IP

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.

10.3. Feedback

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.

Section 11. Disclaimers And Limitations of Liability

11.1. Third-Party Content

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.

11.2. No Liability for Third-Party Service Failures

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.

11.3. Force Majeure

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.

11.4. Warranty Disclaimer

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.

11.5. Limitation of Liability

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. 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.

Section 12. Indemnification

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.

Section 13. Term, Termination, And Data Return

13.1. Termination By Ogment

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.

13.2. Termination by Customer

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.

13.3. Post-Termination Obligations

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.

Section 14. Governing Law And Dispute Resolution

14.1. Governing Law and Venue

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.

14.2. Dispute Resolution by Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as (the “Arbitration Agreement”). You agree that any and all disputes or claims that have arisen or may arise between you and Ogment, whether arising out of or relating to these Terms (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Ogment are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND OGMENT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OGMENT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.

Pre-Arbitration Dispute Resolution. Ogment is always interested in resolving disputes amicably and efficiently, and most Customer’s concerns can be resolved quickly and to the Customer’s satisfaction by emailing Customer support at support@ogment.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (the “Notice”). The Notice to Ogment should be sent to Ogment, Inc., 131 Continental Drive, STE 301, Newark, DE 19713, United States (the “Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Ogment and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Ogment may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Ogment or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ogment is entitled.

Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (the “AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless you and Ogment agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties, with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Ogment agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules and shall be equally borne by the parties.

Section 15. Changes to Terms and Service

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.

Section 16. Open-Source

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.

Section 17. Fees

The applicable fees for the Service (the “Fees”) are agreed between Ogment and the Customer in the Order Form.

Section 18. Payments and Payment Service

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. Except as set out in Section 18.1 (Refunds), as required under the Paddle Buyer Terms, or as otherwise required by applicable law, charges paid by you are final.

Section 18.1 Refunds

Notwithstanding anything to the contrary in these Terms, you may request a refund of Fees paid for the Service within fourteen (14) days of the applicable Purchase. Approved refunds are issued to the original Payment Method within fourteen (14) days of approval. This right is in addition to any non-waivable statutory cancellation or withdrawal rights you may have under applicable law, including the fourteen (14) day right of withdrawal available to consumers in the EU, EEA, and UK for digital content and services. Where a Purchase is processed by Paddle as Merchant of Record, refunds are also governed by the Paddle Buyer Terms.

Section 19. Direct Billing

Section 19.1 Direct Billing (Stripe)

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. For these transactions, Ogment is the merchant of record.

Section 19.2 Merchant of Record (Paddle)

For certain Purchases, our order process is conducted by Paddle.com Market Limited or the Paddle affiliate applicable to your location (collectively, “Paddle”) as the Merchant of Record. Paddle is the reseller of the Service for these transactions and is responsible for payment, billing, applicable taxes, and refunds. By making such a Purchase, you agree to the Paddle Buyer Terms and Paddle’s refund policy, which provides for refunds as described in Section 18.1. Ogment assumes no liability for payments processed by Paddle.

Section 20. Copyright Policy

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.

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: (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.

Section 21. Jurisdictional Issues

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.

Section 22. Taxes

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.

Section 23. Customer Disputes

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.

Section 24. Links to Third-Party Websites or Resources

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.

Section 25. Telecommunications Consent

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.

Section 26. Notices

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.

Section 27. Waiver of Rights

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.

Section 28. California Users

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.

Section 29. U.S. Government Restricted Rights

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).

Section 30. Assignment

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.

Section 31. Publicity Rights

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.

Section 32. Entire Terms

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.

Section 33. Contact Us

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

Section 34. Definitions

For purposes of these Terms, the following definitions should apply:

• “Admin” means an Authorized User authorized by the Customer to create the multiple accounts for Customer and manage them in accordance with these Terms and the internal policy of the Customer.
• “Administrative Console” means the web-based or application-based interface provided by Ogment through which Customer manages its Account settings, configures security and access controls, administers Authorized Users, assigns roles and permissions, and oversees the Customer’s use of the Service.
• “AI” means artificial intelligence.
• “API” means Application Programming Interface - a set of rules that allows different software programs to communicate with each other.
• “Confidential Information” means any non-public, proprietary, or sensitive information, in any form or medium, disclosed by or on behalf of Customer to Ogment in connection with the provision of Service under these Terms. Confidential Information includes, but is not limited to, business plans, technical specifications, software, source code, algorithms, trade secrets, financial information, marketing strategies, and any other information that is identified as confidential or that a reasonable person would understand to be confidential, given the nature of the information and the circumstances of disclosure. Confidential Information also includes any information derived from or based on the foregoing.
• “Customer” means you - the Service user.
• “Customer Data” means all data, including personal, confidential, proprietary, and non-public information, uploaded by Customer or processed through the Service.
• “Metadata” means information generated, derived, or collected by the Service about the use, performance, configuration, or operation of the Service, excluding User Content or User Data. Metadata may include, without limitation: technical logs, timestamps, device identifiers, event data, usage statistics, feature interaction data, system performance metrics, diagnostic information, and other operational data relating to Users’ interactions with the Service. Metadata does not typically allow us to identify an individual. We will nonetheless take appropriate steps to anonymize and aggregate Metadata to the fullest extent possible and as required under applicable data protection laws.
• “MCP Server” means a Model Context Protocol server created, managed, or deployed through Ogment.
• “LLM” refers to large language model-based systems or similar tools that interact with Ogment’s MCP Servers.
• “Pricing Plan” means the level of the Service chosen by the Customer and the fee applicable to them.
• “Security Incident” means any confirmed unauthorized or unlawful access to, acquisition of, disclosure of, loss of, alteration of, or destruction of Customer Data; any compromise of the Company’s systems that affects the confidentiality, integrity, or availability of Customer Data; or any material breach of the Company’s security obligations under these Terms.
• “Third-Party Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials owned by third parties.
• “Third-Party Service” means any software, platform, product, service, website, application, content, data feed, tool, or other functionality that is not owned or controlled by the Ogment and that interoperates with, is integrated with, or is otherwise made available in connection with the Website.
• “Order Form” means a written or electronic ordering document or quote, and sets forth the applicable fee structure for the Services, including, as relevant, pricing, billing frequency, payment terms, subscription or service term, usage tiers or limits that affect fees, and any other commercial terms related to charges.
• “Website” means digital or online interface, service, or environment that the Company operates, provides, or makes available to Customer. This includes, without limitation, the Ogment’s website, web application, software tools, dashboards, client portals, interactive features, analytics views, and other functionality made available by Ogment to enable the creation, deployment, administration, and oversight of MCP Servers and related Service capabilities.