Terms of use

1. Who these terms are between

These terms are an agreement between SPHOTON PRIVATE LIMITED (CIN U62011GJ2026PTC181677), a company incorporated in India and based in Ahmedabad, Gujarat, India ("Sphoton", "we", "us"), and the person or organisation that uses Sphoton ("you"). They cover the website sphoton.io, the Sphoton desktop app, Commander and the service behind them (together, "Sphoton").

If you accept these terms for an organisation, you confirm that you have the authority to bind it, and "you" means that organisation. You must be at least 18 years old, and you may use Sphoton only for your business or profession.

By booking onboarding, creating an account or using Sphoton, you accept these terms and our Privacy policy.

2. The beta

Sphoton is in beta. That means:

• features may be added, changed or removed, sometimes without notice;
• the service may be interrupted or run more slowly while we build and maintain it;
• there is no service level or uptime commitment during the beta.

The beta runs until Sphoton becomes generally available. We will tell you at least 30 days before the beta ends and explain what changes for you. If you send us feedback, we may use it to improve Sphoton without any obligation to you.

2.1 Beta pricing

The first five firms to book an onboarding call receive a discount on their first three paid months, in the order in which their calls were booked. The discount is held from the day your call is booked and starts on the day your workspace opens. It applies once per firm, cannot be transferred or exchanged for cash, and cannot be combined with another offer. After the three months, standard prices apply.

3. Your account and your keys

Keys are derived from your password on your machine. If you lose your password and your recovery key together, nobody, including us, can open your record.

You are responsible for keeping your password, your recovery key and your devices safe, for making sure each person in your workspace uses their own account, and for everything done under your account. Tell us straight away at tanmaysinh.gharia@sphoton.io if you think someone has used it without permission.

4. Your content

You own everything you put into Sphoton: your code stays on your machines, and the knowledge you record (your map, rules and decisions) stays yours.

You give us only the permission we need to provide Sphoton: to store, back up, sync and deliver your encrypted record to the people you share it with. We cannot read it and do not use it for anything else.

You confirm that you have the right to use the code, data and other material you work with in Sphoton. We may use counts and other information that does not identify you or reveal your content to run and improve Sphoton.

5. Third-party services

Calls to your AI provider go out under your own key. That provider's terms, privacy policy and prices apply to those calls, and the provider is responsible for them. The same applies to your Git host and any other service you connect. We are not responsible for the availability, content or results of services we do not operate.

6. Fees and payment

Plans and prices are shown on the pricing page. Fees are billed monthly in advance, in US dollars, through our payment provider. Prices do not include taxes; GST or other taxes are added where they apply.

You can cancel at any time. Cancellation takes effect at the end of the month you have paid for, and we do not refund part months, except where the law requires us to.

If a payment fails, we will tell you, and if it is still unpaid 14 days later we may suspend your workspace until it is paid. We will give you at least 30 days' notice by email of any price change. Charges from your AI provider are separate and are paid to that provider.

7. Acceptable use

You may not:

• use Sphoton to break the law or to infringe anyone's rights;
• process code or data that you have no right to use;
• try to access accounts, workspaces or systems that are not yours, or test our security without our written permission;
• interfere with or overload Sphoton, or get around its limits or protections;
• copy, decompile or reverse engineer Sphoton, except where the law allows it;
• resell or sublicense Sphoton, or provide it to others as a service, without our written agreement;
• upload malware, or use the booking form or our emails to send unsolicited messages.

8. Ending the agreement

You can close your account at any time in the app or by writing to us.

We may suspend or close your account if you seriously or repeatedly break these terms, if fees stay unpaid as described in section 6, or if the law requires it. Where it is reasonable, we will warn you first and give you time to put things right. If we stop offering Sphoton altogether, we will give you at least 30 days' notice and refund any fees you have paid for time after it ends.

When the agreement ends, access to your workspace stops. Export anything you want to keep before then. We delete your encrypted record within 30 days, as set out in the Privacy policy. Sections 4, 9, 11 and 12 continue to apply after the agreement ends.

9. Warranties and liability

9.1 The beta is provided as it is

Because Sphoton is in beta, it is provided "as is" and "as available". To the extent the law allows, we make no promises beyond those in these terms, including any implied promise that Sphoton is fit for a particular purpose, uninterrupted or free of errors. Sphoton helps your team record and share knowledge; you remain responsible for the decisions you make with it and for checking the code you ship.

9.2 Limits on liability

To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or data. Our total liability to you for all claims connected with Sphoton is limited to the fees you paid us in the 12 months before the event that gave rise to the claim, or USD 100 if you have paid nothing.

Because we cannot read your record, we cannot restore it if you lose both your password and your recovery key, and we are not liable for that loss.

Nothing in these terms limits liability for fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited by law.

9.3 Claims from others

You will compensate us for claims brought by others that arise from material you process in Sphoton in breach of these terms, or from your breach of the law.

10. Changes to these terms

We may update these terms as Sphoton develops. For an important change, we will email you at least 30 days before it takes effect; other changes take effect when we publish them here. If you do not agree to a change, you can close your account before it takes effect. If you keep using Sphoton after that, you accept the new terms.

11. Governing law and disputes

These terms are governed by the laws of India. If a dispute arises, we will first try to settle it in good faith by email within 30 days. If we cannot, the courts at Ahmedabad, Gujarat have exclusive jurisdiction over it.

12. General

These terms and the Privacy policy are the whole agreement between us about Sphoton. If any part is found unenforceable, the rest still applies. If we do not enforce a right straight away, we have not given it up. We may transfer this agreement to a company that takes over our business; you may transfer it only with our written consent. Neither of us is responsible for delays caused by events outside our reasonable control. We send notices to the email address on your account; you send them to the address below.

13. Contact

Write to tanmaysinh.gharia@sphoton.io.