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Terms of Service

Last updated: April 1, 2026

These Terms of Service (“Terms”) form a legal agreement between you and WitOne, Inc. (“WitOne,” “we,” “us,” or “our”), and govern your use of our websites, products, and services (the “Services”). By accessing or using the Services, you accept these Terms. If you are entering into these Terms on behalf of an entity, you represent that you have authority to bind that entity.

1. Acceptance and changes

These Terms apply to all use of the Services. We may update these Terms from time to time. If we make material changes, we will provide notice through the Services or by email. Your continued use after the effective date constitutes acceptance.

2. Accounts

You are responsible for safeguarding your credentials, for any activity that occurs under your account, and for promptly notifying us of any suspected unauthorized use. You will keep your account information accurate and current.

3. License grant

Subject to these Terms and any applicable order form or master subscription agreement, WitOne grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your internal business purposes during the term.

4. Restrictions

You will not:

  • Reverse engineer, decompile, or attempt to derive source code from the Services (except as expressly permitted by law).
  • Use the Services to develop a competing product or to benchmark against the Services for the purpose of public disclosure without our prior written consent.
  • Use the Services to violate any applicable law or to infringe the rights of any third party.
  • Attempt to gain unauthorized access to the Services, other accounts, or related systems or networks.
  • Probe, scan, or test the vulnerability of the Services except under our published vulnerability disclosure program.
  • Resell, lease, or otherwise commercially exploit the Services.

5. Customer data

You retain all rights, title, and interest in Customer Data. You grant WitOne the limited rights necessary to provide the Services in accordance with your instructions. WitOne processes Customer Data as your processor under the Data Processing Addendum where applicable.

6. Intellectual property

WitOne and our licensors retain all rights, title, and interest in and to the Services, including all related intellectual property. No rights are granted to you other than as expressly set forth in these Terms.

7. Feedback

If you provide feedback about the Services, you grant WitOne a non-exclusive, perpetual, royalty-free license to use that feedback to improve the Services.

8. Fees

If your use of the Services is subject to a paid order form or subscription agreement, fees are payable as set forth there. Fees are non-refundable except as expressly stated. Late payments may be subject to interest at the lesser of 1.5% per month or the maximum rate permitted by law.

9. Confidentiality

Each party will protect the other's Confidential Information using a reasonable standard of care, will use it only to perform under these Terms, and will not disclose it except to its personnel and contractors with a need to know who are bound by similar obligations.

10. Warranties and disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU FOR THE SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

Each party will defend the other against third-party claims arising from its breach of these Terms, subject to the customary procedures and conditions set forth in the applicable subscription agreement.

13. Term and termination

These Terms remain in effect while you use the Services. Either party may terminate for material breach if the breach is not cured within 30 days of notice. Upon termination, your right to use the Services ends, and we will return or delete Customer Data in accordance with the applicable agreement.

14. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Each party consents to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any action arising out of these Terms.

15. General

These Terms, together with any order form or master subscription agreement, are the entire agreement between the parties on the subject matter and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in full force. Failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent.

16. Contact

Questions about these Terms can be sent to legal@witone.one.