Terms of Service

Last updated: July 21, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Emphoni Inc. ("Company," "we," "us," or "our") regarding your use of the Warrn incident management platform and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Warrn provides an AI-powered incident management platform designed to help organizations detect, respond to, and resolve system incidents. Our Service includes:

  • Intelligent incident triage and prioritization
  • Automated response workflows
  • Real-time monitoring and alerting
  • Integration with third-party tools and services
  • Analytics and reporting capabilities
  • Multi-tenant architecture for team collaboration

3. User Accounts and Registration

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to provide accurate, complete, and current information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to your account.

3.3 Multi-Tenant Environment

Our Service operates in a multi-tenant environment. You acknowledge that while your data is logically separated from other customers' data, the underlying infrastructure may be shared.

4. Acceptable Use Policy

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Transmit malicious code, viruses, or other harmful content
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to monitor systems you do not own or have permission to monitor
  • Overload or interfere with the proper functioning of the Service
  • Remove or modify any proprietary notices or labels

5. Data and Privacy

5.1 Your Data

You retain ownership of all data you upload to or create within the Service ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Service.

5.2 AI Processing

Our AI systems may analyze Customer Data to provide intelligent triage, pattern recognition, and automated responses. This processing is performed in accordance with our Privacy Policy and applicable data protection laws.

5.3 Data Security

We implement appropriate technical and organizational measures to protect Customer Data, including encryption in transit and at rest, access controls, and regular security assessments.

6. Service Availability and Support

6.1 Service Level

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. Specific service level commitments may be outlined in your subscription agreement.

6.2 Maintenance

We may perform scheduled maintenance that temporarily affects Service availability. We will provide reasonable advance notice of planned maintenance when possible.

7. Subscription and Payment Terms

7.1 Subscription Plans

The Service is offered under various subscription plans. Details of features, limitations, and pricing are available on our website and in your subscription agreement.

7.2 Payment

Subscription fees are billed in advance and are non-refundable except as specifically provided in these Terms or required by law.

7.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with these Terms.

8. Intellectual Property

8.1 Our IP

The Service, including all software, AI models, algorithms, and documentation, is protected by intellectual property laws. We retain all rights not expressly granted to you.

8.2 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without obligation or compensation to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) $500, OR (B) THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.

NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

11. Termination

11.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or contacting our support team.

11.2 Termination by Us

We may suspend or terminate your access to the Service for violation of these Terms, non-payment of fees, or other reasons with appropriate notice.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We will provide a reasonable opportunity for you to export your data, subject to our data retention policies.

12. Compliance and Certifications

We are committed to maintaining high security standards and implementing industry best practices for data protection and system security. Information about our current security practices and any obtained certifications will be made available upon request.

13. Changes to Terms

We may modify these Terms from time to time. We will notify you of material changes through the Service or other reasonable means. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

14. Governing Law

TBD

15. Contact Information

For questions about these Terms, please contact us at: legal@emphoni.com