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These Terms of Service (“Terms”) form a binding agreement between
AhsomO LLC, a Wisconsin limited liability company (“AhsomO,” “we,”
“us,” or “our”), and the individual or entity (“Customer,” “you,” or
“your”) that accesses or uses AhsomO’s software-as-a-service platform
designed to help teams build culture and community in the workplace
(the “Service”).
By creating an account, clicking “I Agree,” or otherwise accessing or
using the Service, you agree to be bound by these Terms. If you are
entering into these Terms on behalf of a company or other legal entity,
you represent that you have authority to bind that entity, in which
case “you” refers to that entity. If you do not agree to these Terms,
do not access or use the Service.
1. The Service
AhsomO provides a cloud-based software platform that helps
organizations strengthen workplace culture and community (the
“Service”). Features, functionality, and pricing may change over time,
and we may add, modify, or discontinue features at our discretion,
provided we will not materially reduce core functionality during a paid
subscription term without notice.
2. Accounts and Eligibility
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You must provide accurate, current, and complete information when
creating an account and keep that information up to date.
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You must be at least 18 years old, and have authority to accept these
Terms on behalf of yourself or your organization.
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You are responsible for maintaining the confidentiality of login
credentials and for all activity that occurs under your account.
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You must notify us promptly at
ahmazin@ahsomo.com of any
unauthorized use of your account or any other security breach.
3. Subscriptions, Fees, and Payment
Creating a company on the Service is free, and the free plan has no
user limit and no expiry. The paid features of the Service are billed
on a per-user subscription basis, as described on our pricing page or
in an applicable order form (“Order Form”). A user is one person with
an account in your company.
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Billing cycle: fees are billed in advance, either
monthly or annually as selected at checkout, for each user your plan
covers, unless otherwise stated in an Order Form.
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User changes: users added during a billing period
are charged on a prorated basis for the remainder of that period;
users removed take effect at the start of the next billing cycle,
and no portion of the current period is refunded or credited.
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Free trial: each company may take one free trial of
the paid features, of the length stated on our pricing page at the
time it starts. No payment method is required, and a payment method
added during the trial is not charged until the trial ends. If no
subscription is purchased by the end of the trial, the company returns
to the free plan; its account and content are retained.
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Cancellation: you may cancel a paid subscription at
any time through the billing portal. The paid features remain
available until the end of the period already paid for, after which
the company returns to the free plan.
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Late/failed payment: we may suspend access to the
paid features of the Service for accounts with overdue balances after
providing notice.
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Taxes: fees are exclusive of applicable sales, use,
and similar taxes, which Customer is responsible for unless Customer
provides a valid exemption certificate.
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Refunds: except as required by law or expressly
stated in an Order Form, fees are non-refundable.
Still to decide: the notice period for a price change, and whether an
annual subscription cancelled mid-term is refunded pro rata (the
Refunds clause above currently says it is not).
4. User Content
The Service may allow you and your team members to create, upload,
post, or share content such as profiles, comments, posts, recognition
messages, surveys responses, and similar materials (“User Content”).
- You retain ownership of your User Content.
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By submitting User Content, you grant AhsomO a worldwide,
non-exclusive, royalty-free license to host, store, reproduce,
display, and distribute that content solely as needed to operate,
provide, secure, and improve the Service.
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You represent that you have all rights necessary to submit your User
Content and that it does not violate any law or third party's rights.
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We may remove or disable access to User Content that we reasonably
believe violates these Terms or applicable law.
5. Acceptable Use
You agree not to, and not to permit others to:
- Use the Service to harass, defame, discriminate against, or threaten any person;
- Upload content that is unlawful, infringing, or violates a third party's privacy or intellectual property rights;
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
- Interfere with or disrupt the integrity or performance of the Service, including through malware or unauthorized access attempts;
- Use the Service to build a competing product, or resell or sublicense access without our written consent;
- Use the Service in violation of applicable employment, labor, or workplace-conduct laws.
6. Intellectual Property
AhsomO and its licensors retain all right, title, and interest in and
to the Service, including all software, design, trademarks, and content
we provide (excluding User Content). No rights are granted to you other
than the limited right to access and use the Service as permitted by
these Terms.
7. Confidentiality
Each party may receive non-public business, technical, or product
information from the other (“Confidential Information”). Each party
agrees to use the other's Confidential Information only to perform its
obligations under these Terms and to protect it using reasonable care,
not less than the care it uses for its own similar information.
8. Data Privacy
Our collection and use of personal data in connection with the Service
is described in our Privacy Policy, which is
incorporated into these Terms by reference.
9. Third-Party Services
The Service may integrate with or link to third-party services (e.g.,
calendar, chat, or HR platforms). AhsomO is not responsible for the
practices, content, or availability of third-party services, and your
use of them is subject to their own terms.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT. AHSOMO DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AHSOMO WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES,
OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR
RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
AHSOMO'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL
NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO AHSOMO FOR THE SERVICE IN THE
TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless AhsomO and its
officers, employees, and agents from any claims, damages, or expenses
(including reasonable attorneys' fees) arising from your use of the
Service, your User Content, or your violation of these Terms or
applicable law.
13. Term and Termination
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These Terms remain in effect while you use the Service or for the
duration of your subscription term.
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You may cancel your subscription at any time in accordance with the
cancellation process described in your Order Form or account
settings.
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We may suspend or terminate your access if you materially breach
these Terms and fail to cure the breach within a reasonable period
after notice, or immediately for conduct that poses a security or
legal risk.
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Upon termination, your right to access the Service ends; sections
that by their nature should survive (e.g., IP, confidentiality,
limitation of liability, indemnification) will survive.
14. Changes to These Terms
We may update these Terms from time to time. If changes are material,
we will provide notice by email and/or in-app notice, zero days before
the change takes effect. Continued use of the Service after the
effective date of the updated Terms constitutes acceptance.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Wisconsin, without
regard to its conflict-of-laws principles. Any dispute arising out of
or relating to these Terms or the Service will be brought exclusively
in the state or federal courts located in Wisconsin, and each party
consents to the personal jurisdiction of those courts.
16. Miscellaneous
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Entire Agreement: These Terms, together with any
Order Form and the Privacy Policy, constitute the entire agreement
between the parties regarding the Service.
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Severability: If any provision is found
unenforceable, the remaining provisions remain in full force.
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No Waiver: Failure to enforce a provision is not a
waiver of the right to do so later.
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Assignment: You may not assign these Terms without
our written consent; we may assign these Terms in connection with a
merger, acquisition, or sale of assets.
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Force Majeure: Neither party is liable for delays or
failures caused by events beyond its reasonable control.
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Notices: Legal notices to AhsomO should be sent to
the address below.
17. Contact Us
AhsomO LLC
Po Box 661, Cumberland, WI 54829
ahmazin@ahsomo.com
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