Terms of Service

3.1 Eligibility

• You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater.
• If you are accepting these Terms on behalf of an entity, you must have the legal authority to bind that entity.
• You must not have been previously suspended or removed from the Service for violation of these Terms.
• Your use of the Service must not violate any applicable law or regulation in your jurisdiction.

3.2 Account registration and accuracy

You must provide accurate, current, and complete information during registration and keep your account information updated. Providing false, misleading, or outdated information is a violation of these Terms and may result in immediate suspension or termination of your account.

3.3 Credential security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including passwords, API keys, and access tokens. You must use commercially reasonable safeguards to protect these credentials. You must not share account credentials with unauthorized parties or use another person's credentials without proper authorization.

3.4 Account activity

You are responsible for all activity that occurs under your account and within your workspace, whether or not authorized by you. You must promptly notify Eigenn at [email protected] of any suspected unauthorized access, use, or security breach involving your account. Eigenn is not liable for losses arising from unauthorized use of your account where you have failed to maintain adequate credential security.

5.1 Subscription plans

The Service is available under different subscription plans, each with different features, usage limits, and pricing. The features and limits of each plan are described on our pricing page and may be updated from time to time. Your access to specific features is determined by your active subscription plan.

5.2 Billing cycles

Subscriptions are billed either monthly or annually, depending on the billing cycle you select at the time of purchase. Annual subscriptions are billed in advance for the full year. Monthly subscriptions are billed in advance for each month. Billing begins on the date you subscribe to a paid plan.

5.3 Automatic renewal

Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless you cancel before the renewal date. For annual subscriptions, we will send a renewal reminder at least 30 days before the renewal date. You authorize Eigenn and its payment processors to charge the applicable fees to your designated payment method upon each renewal.

5.4 Payment methods

Payments are processed through Stripe, our PCI-DSS Level 1 certified payment processor. You must provide a valid payment method and keep it current. If your payment method fails, we will attempt to charge it again and may notify you to update your payment information. Continued failure to pay may result in suspension of your access to paid features.

5.5 Failed payments and grace periods

If a payment fails, we will make reasonable attempts to process the payment over a period of up to 14 days. During this grace period, your access to the Service will continue. If payment is not successfully processed within the grace period, we may downgrade your account to a free tier (if available) or suspend access to paid features until payment is resolved.

5.6 Billing disputes

If you believe a charge is incorrect, you must contact us within 60 days of the charge date. We will investigate the dispute and, if the charge was made in error, issue a correction or refund. Disputes raised after 60 days may not be eligible for adjustment.

6.1 Taxes

All Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, including sales tax, use tax, value-added tax (VAT), goods and services tax (GST), and similar taxes imposed by any governmental authority on the transactions contemplated by these Terms. If Eigenn is required to collect or remit taxes on your behalf, those taxes will be added to your invoice.

6.2 Withholding

All Fees are payable without setoff, deduction, or withholding. If you are required by law to withhold or deduct taxes from any payment, you must pay an additional amount so that Eigenn receives the full amount of Fees that would have been received absent the withholding or deduction.

6.3 Currency

All Fees are denominated in United States Dollars (USD) unless otherwise specified in your order form or subscription agreement. If your payment method is denominated in a different currency, your financial institution may apply currency conversion charges.

6.4 Late payments

Any Fees not paid when due will accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, calculated from the date payment was due until the date of actual payment.

8.1 Free trial terms

If you sign up for a free trial, you will have access to the specified features for the trial period without charge. At the end of the trial period, your account will automatically convert to a paid subscription at the then-current rate unless you cancel before the trial ends. We will notify you before the trial expires.

8.2 Promotional offers

Promotional pricing or special offers are subject to the specific terms disclosed at the time of the offer. Promotional pricing applies only for the stated promotional period and reverts to standard pricing at the end of that period. Promotional offers are non-transferable and may not be combined with other offers unless expressly stated.

8.3 Beta and preview features

We may offer certain features in "beta", "preview", "early access", or similar pre-release status. Beta features are provided "as is" without warranty, may contain bugs or errors, may be modified or discontinued at any time without notice, and are not covered by any service level commitment. Your use of beta features is at your own risk. Feedback you provide about beta features may be used by Eigenn without restriction.

9.1 How to cancel

You may cancel your subscription at any time through the account settings in the Service or by contacting our support team. Unless we state otherwise in writing, cancellations take effect at the end of your current billing period, and you will retain access to paid features until the end of the period you have already paid for.

9.2 Effect of cancellation

When a cancellation becomes effective, your account will be downgraded to a free tier (if available) or deactivated. At that point, you will lose access to features available only on paid plans. Your Customer Data will remain accessible for 30 days after your subscription ends so that you can export it. After that 30-day export window, we may delete your Customer Data in accordance with our data retention policy.

9.3 Refund policy

Monthly subscriptions are non-refundable once a billing period begins. If you cancel mid-cycle, you will retain access through the end of the then-current billing period.

Annual subscriptions may be refunded in full if you cancel and submit a refund request within 14 days after the start of the annual term. After that 14-day window, annual fees are non-refundable, and you will retain access through the end of the prepaid term.

We may issue refunds, credits, or billing adjustments in our discretion for billing errors, extended service outages, or other exceptional circumstances. Refund requests should be sent to [email protected].

9.4 Downgrades

If you downgrade to a lower-tier plan, the downgrade takes effect at the start of your next billing cycle. You may lose access to features that are not included in the lower-tier plan. Customer Data associated with features no longer available on the new plan will be retained for 30 days, during which you may export it where export functionality is available.

10.1 Suspension by Eigenn

Eigenn may suspend your access to the Service, in whole or in part, immediately and without prior notice if:

• You materially breach these Terms and fail to cure the breach within 15 days of written notice (or immediately for breaches that cannot be cured).
• Your account has an overdue balance that has not been resolved within the grace period described in Section 5.5.
• Your use of the Service poses a security risk to Eigenn, other users, or third parties.
• Your use of the Service could subject Eigenn to legal liability or cause harm to other users.
• We are required to do so by law, regulation, or court order.
• We reasonably believe your account has been compromised.

10.2 Termination by Eigenn

Eigenn may terminate your account and these Terms if a suspension condition is not resolved within 30 days, you repeatedly violate these Terms, or you engage in conduct that we determine in our reasonable judgment constitutes a material threat to the security, integrity, or reputation of the Service.

10.3 Termination by you

You may terminate your account at any time by cancelling your subscription and requesting account deletion through the Service or by contacting support. Upon termination, these Terms remain in effect with respect to provisions that by their nature survive termination.

10.4 Effect of termination

Upon termination, your right to access the Service ceases immediately (unless a wind-down period is specified). You will have 30 days to export your Customer Data. After the export period, Eigenn may delete your Customer Data. Any outstanding Fees remain due and payable. Sections that by their nature should survive termination will survive, including Sections 6, 11, 17, 19, 20, 21, 22, 23, 25, and 28.

11.1 Ownership

You retain all rights, title, and interest in and to your Customer Data. Eigenn does not claim ownership of any Customer Data you upload, import, create, or generate through the Service.

11.2 License to Eigenn

You grant Eigenn a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, display, and reproduce your Customer Data solely as necessary to provide, maintain, secure, and improve the Service, and to comply with applicable law. This license terminates when your Customer Data is deleted from the Service.

11.3 Your responsibilities

You are solely responsible for the accuracy, quality, integrity, legality, and appropriateness of your Customer Data. You represent and warrant that you have all necessary rights, licenses, and consents to upload, import, and process Customer Data through the Service, and that doing so does not violate any applicable law, regulation, or third-party rights (including intellectual property and privacy rights).

11.4 Data portability

You may export your Customer Data at any time using the export features available within the Service. Eigenn provides data export in standard, machine-readable formats (such as CSV and JSON). Upon termination or cancellation, you have a 30-day window to export your data before deletion.

11.5 Data deletion

Upon your request or following the post-termination export window, Eigenn will delete your Customer Data from active systems within 90 days. Copies in encrypted backups will be purged according to our backup rotation schedule, which does not exceed 180 days. Certain data may be retained longer where required by law or for legitimate legal purposes (such as litigation holds).

11.6 Backup and recovery

Eigenn maintains regular backups for disaster recovery purposes. However, backups are not a substitute for your own data retention practices. We recommend that you maintain independent copies of critical Customer Data. Eigenn is not liable for data loss resulting from your failure to maintain adequate backups.

12.1 Privacy Policy

Our collection and use of personal data is described in our Privacy Policy, which forms part of these Terms. By using the Service, you acknowledge that you have reviewed and understand that policy.

12.2 Data Processing Agreement

Customers that require a Data Processing Agreement (DPA) for GDPR, CCPA, or similar privacy-law compliance may request one from Eigenn. Enterprise customers may also agree to supplemental data-processing terms in an order form or separate agreement. Contact [email protected] to request the current DPA.

12.3 GDPR processor obligations

Where Eigenn acts as a data processor under the GDPR, Eigenn will process personal data only on your documented instructions and will ensure that personnel authorized to handle personal data are bound by appropriate confidentiality obligations.

Eigenn will implement appropriate technical and organizational measures, assist you with applicable data subject requests and related compliance obligations, notify you without undue delay of a personal data breach as required by law, and delete or return personal data at the end of the Service unless applicable law requires retention.

13.1 Unauthorized access and interference

• Attempting to access systems, data, accounts, or networks without authorization or beyond your authorized access level.
• Interfering with or disrupting the Service, servers, networks, or infrastructure, including through denial-of-service attacks, flooding, or overloading.
• Introducing malware, viruses, trojans, worms, or other malicious code into the Service.
• Probing, scanning, or testing the vulnerability of the Service or any related system or network without prior written authorization from Eigenn.
• Attempting to reverse engineer, decompile, disassemble, or derive source code from any part of the Service.

13.2 Misuse of the Service

• Using the Service to send unsolicited communications (spam), phishing messages, or fraudulent content.
• Using the Service to store or transmit content that is defamatory, obscene, threatening, abusive, or hateful.
• Using the Service to violate the privacy, intellectual property, or other legal rights of any person or entity.
• Impersonating any person or entity or falsely representing your affiliation with any person or entity.
• Using the Service to engage in any form of illegal activity, including money laundering, fraud, or tax evasion.

13.3 Circumvention and abuse

• Bypassing, disabling, or circumventing access controls, usage limits, rate limits, or other technical restrictions.
• Creating multiple accounts to circumvent usage limits, abuse free trials, or evade enforcement actions.
• Using automated tools (bots, scrapers, crawlers) to access the Service without prior written authorization.
• Conducting benchmarking, competitive analysis, or performance testing of the Service without prior written consent from Eigenn.
• Reselling, sublicensing, or redistributing access to the Service without prior written authorization from Eigenn.

13.4 Consequences of violation

Eigenn may investigate suspected violations of this acceptable use policy and take appropriate action, including issuing warnings, temporarily suspending access, permanently terminating accounts, and reporting violations to law enforcement authorities. Eigenn may also cooperate with law enforcement or regulatory investigations related to your use of the Service.

14.1 API access and keys

Access to our APIs may require API keys or access tokens. You must keep all API credentials confidential and secure. You are responsible for all API activity under your credentials. Do not embed API keys in client-side code, public repositories, or other insecure locations.

14.2 Rate limits and usage

API access is subject to rate limits and usage quotas as specified in our API documentation. Rate limits vary by subscription plan. Exceeding rate limits may result in throttling, temporary blocking, or suspension of API access. Eigenn reserves the right to modify rate limits with reasonable notice.

14.3 API changes and deprecation

We may modify, update, or deprecate API endpoints, parameters, or functionality. We will provide at least 90 days' notice before deprecating an API endpoint that is in general availability. During the deprecation period, the existing API will continue to function. We recommend subscribing to our developer changelog for updates.

14.4 SDK and client libraries

Eigenn may provide software development kits (SDKs) and client libraries to facilitate API integration. SDKs are provided under the license terms specified in their respective repositories. SDKs are provided as a convenience and are not required to use the API.

15.1 Third-party terms

Third-party services are governed by their own terms of service, privacy policies, and other agreements. By connecting a third-party service, you agree to comply with that service's terms. Eigenn is not a party to any agreement between you and a third-party service provider.

15.2 Data sharing with integrations

When you connect an integration, you authorize Eigenn to exchange data with the third-party service as necessary to provide the integration functionality. You control which integrations are active and what data is shared. Eigenn is not responsible for how third-party services handle, store, or process data once it leaves the Service.

15.3 Availability and functionality

Eigenn does not guarantee the availability, accuracy, security, or performance of third-party services. Integrations may be modified, suspended, or discontinued due to changes by third-party providers. Eigenn is not liable for failures, data loss, or service disruptions caused by third-party services or changes to their APIs.

15.4 Removal of integrations

Eigenn reserves the right to remove or disable integrations that pose security risks, violate applicable law, or are no longer supported by the third-party provider. We will provide reasonable notice before removing an integration where practical.

16.1 Not professional advice

Eigenn does not provide legal, tax, accounting, financial, debt collection, or other professional advisory services. The Service is a tool that automates operational workflows based on your configuration and instructions. Nothing in the Service should be construed as professional advice.

16.2 Your compliance obligations

You are solely responsible for ensuring that your use of the Service, including the content of communications sent through the Service, workflow configurations, and data handling practices, complies with all applicable laws and regulations. This includes but is not limited to consumer protection laws, debt collection regulations (such as the FDCPA in the United States), electronic communications laws (such as CAN-SPAM and TCPA), data protection and privacy laws, tax and financial reporting requirements, and industry-specific regulations applicable to your business.

16.3 Review and validation

You are responsible for reviewing and validating all outputs, communications, calculations, and actions generated or taken by the Service before relying on them for legal, tax, accounting, financial, or regulatory purposes. Eigenn does not guarantee the accuracy or completeness of outputs and is not liable for decisions or actions you take based on Service outputs.

16.4 No guarantee of regulatory compliance

While the Service includes features designed to support compliance workflows, Eigenn does not guarantee that your use of the Service will satisfy any particular legal or regulatory requirement. You should consult qualified professionals for advice about your specific compliance obligations.

17.1 Eigenn intellectual property

Eigenn retains all rights, title, and interest in and to the Service, including all software, algorithms, user interfaces, designs, documentation, trademarks, service marks, logos, and other intellectual property (collectively, "Eigenn IP"). These Terms do not grant you any rights to Eigenn IP except the limited right to access and use the Service as expressly permitted by these Terms.

17.2 Restrictions

Except as expressly permitted by these Terms, you may not copy, modify, adapt, translate, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Service.

17.3 Trademarks

The Eigenn name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Eigenn or its affiliates. You may not use these trademarks without prior written permission. All other names, logos, product and service names, designs, and slogans appearing in the Service are the trademarks of their respective owners.

17.4 Feedback

If you provide suggestions, ideas, enhancement requests, feedback, or other recommendations regarding the Service ("Feedback"), you grant Eigenn a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit the Feedback for any purpose without restriction or compensation to you.

17.5 No implied licenses

Nothing in these Terms grants any right or license by implication, estoppel, or otherwise to any intellectual property rights, except as expressly set forth herein.

18.1 Filing a DMCA notice

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement through the Service, please provide a written notice to our designated DMCA agent containing: a physical or electronic signature of the copyright owner or authorized agent; identification of the copyrighted work claimed to have been infringed; identification of the material claimed to be infringing and its location within the Service; your contact information (address, telephone number, and email); a statement that you have a good faith belief that the disputed use is not authorized; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

18.2 Counter-notification

If you believe that your content was removed or disabled in error, you may file a counter-notification containing: your physical or electronic signature; identification of the material removed and its prior location; a statement under penalty of perjury that you have a good faith belief that the material was removed by mistake or misidentification; your contact information; and a statement consenting to the jurisdiction of the federal court in your district and that you will accept service of process from the person who filed the original DMCA notice.

18.3 Repeat infringer policy

Eigenn will terminate the accounts of users who are determined to be repeat infringers of third-party copyrights. We reserve the right to remove content and terminate accounts at our discretion in response to apparent infringement.

18.4 Designated agent

DMCA notices should be sent to our designated copyright agent at: [email protected] or by mail to Oppulence Inc., Attn: DMCA Agent, 651 N Broad St, Suite 201, Middletown, DE 19709.

19.1 Obligations

Each party agrees to protect the other party's Confidential Information using at least the same degree of care it uses to protect its own Confidential Information, but in no event less than reasonable care. Each party will use the other's Confidential Information only for purposes of exercising its rights and fulfilling its obligations under these Terms and will not disclose it to any third party except as expressly permitted herein.

19.2 Exclusions

Confidential Information does not include information that:

• Is or becomes publicly available through no fault of the receiving party.
• Was known to the receiving party before disclosure, without obligation of confidentiality.
• Is received from a third party without breach of any obligation of confidentiality.
• Is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

19.3 Compelled disclosure

A receiving party may disclose Confidential Information to the extent required by applicable law, regulation, or legal process, provided that the receiving party gives the disclosing party prompt written notice (to the extent legally permitted) so that the disclosing party may seek a protective order or other appropriate remedy.

19.4 Duration

Confidentiality obligations survive termination of these Terms for a period of 3 years, except with respect to trade secrets, which are protected for as long as they remain trade secrets under applicable law.

20.1 Availability target

Eigenn strives to maintain the Service at a high level of availability. For customers on enterprise plans, specific availability commitments may be set forth in a separate Service Level Agreement (SLA). In the absence of a separate SLA, Eigenn does not guarantee any specific level of availability.

20.2 Scheduled maintenance

We perform scheduled maintenance to update, improve, and secure the Service. Where practical, we will provide advance notice of scheduled maintenance that may result in downtime. We aim to schedule maintenance during off-peak hours to minimize disruption.

20.3 Unscheduled downtime

Despite our efforts, unscheduled downtime may occur due to technical failures, security incidents, infrastructure provider outages, or other unforeseen circumstances. Eigenn will use commercially reasonable efforts to restore the Service promptly and will provide status updates through our status page or other communication channels.

20.4 Service modifications

We continuously improve the Service and may add, modify, or remove features, functionality, or integrations. We will provide reasonable advance notice before making changes that materially reduce the core functionality of the Service. Minor changes, bug fixes, security patches, and feature additions may be made without notice.

22.1 Exclusion of indirect damages

IN NO EVENT WILL CANVAS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF CANVAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

22.2 Cap on direct damages

CANVAS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO CANVAS DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US $100).

22.3 Exceptions

The limitations in this section do not apply to: (a) either party's indemnification obligations under Section 23; (b) either party's breach of confidentiality obligations under Section 19; (c) your breach of the acceptable use policy under Section 13; (d) your payment obligations under these Terms; or (e) liability that cannot be limited under applicable law.

22.4 Basis of the bargain

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CANVAS AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

23.1 Your indemnification of Eigenn

You agree to defend, indemnify, and hold harmless Eigenn and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data; (c) your breach of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights, including intellectual property, privacy, or publicity rights.

23.2 Eigenn indemnification of you

Eigenn will defend, indemnify, and hold harmless you from and against claims by third parties alleging that the Service, as provided by Eigenn and used in accordance with these Terms, infringes a valid patent, copyright, or trademark of that third party. This indemnification does not apply to claims arising from: (a) your Customer Data; (b) modification of the Service by anyone other than Eigenn; (c) combination of the Service with products or services not provided by Eigenn; or (d) use of the Service in violation of these Terms.

23.3 Indemnification procedures

The indemnified party must: (a) promptly notify the indemnifying party in writing of any claim (failure to provide prompt notice does not relieve the indemnifying party except to the extent it is materially prejudiced by the delay); (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation and assistance at the indemnifying party's expense. The indemnifying party may not settle a claim in a manner that imposes obligations on, or admits fault by, the indemnified party without the indemnified party's prior written consent.

25.1 Governing law

These Terms and any disputes arising out of or related to them will be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions, unless a different governing law is specified in a separate written agreement between you and Eigenn.

25.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will take place in Wilmington, Delaware (or remotely by mutual agreement). The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

25.3 Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND CANVAS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and Eigenn agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

25.4 Small claims exception

Notwithstanding the arbitration provisions above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

25.5 Injunctive relief

Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights, confidential information, or other proprietary rights.

27.1 Notices to you

Eigenn may provide notices to you by email to the address associated with your account, by posting within the Service, by posting on our website, or by any other reasonable method. Notices sent by email are deemed received on the business day after sending. Notices posted within the Service or on our website are deemed received upon posting.

27.2 Notices to Eigenn

Notices to Eigenn must be sent by email to [email protected] or by mail to Oppulence Inc., Attn: Legal Department, 651 N Broad St, Suite 201, Middletown, DE 19709. Notices are deemed received on the date of confirmed delivery.

27.3 Account contact information

You are responsible for maintaining current contact information in your account settings. Eigenn is not responsible for notices that fail to reach you because of outdated or inaccurate contact information in your account.

28.1 Entire agreement

These Terms, together with the Privacy Policy, any applicable DPA, order form, or enterprise agreement, constitute the entire agreement between you and Eigenn regarding the Service and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral. In the event of a conflict between these Terms and an enterprise agreement or order form, the enterprise agreement or order form will prevail to the extent of the conflict.

28.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, will be severed from these Terms. The remaining provisions will continue in full force and effect.

28.3 Waiver

The failure of either party to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by the waiving party. A waiver of any right or provision on one occasion will not be deemed a waiver of that right or provision on any subsequent occasion.

28.4 Assignment

You may not assign or transfer these Terms or your rights under them, in whole or in part, by operation of law or otherwise, without Eigenn's prior written consent. Eigenn may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets without your consent. Any purported assignment in violation of this section is void. Subject to the foregoing, these Terms bind and inure to the benefit of the parties' respective successors and permitted assigns.

28.5 No third-party beneficiaries

These Terms are for the sole benefit of the parties and do not create any third-party beneficiary rights. No person or entity other than you and Eigenn has any right to enforce any provision of these Terms.

28.6 Relationship of the parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship between you and Eigenn. Neither party has the authority to bind the other or incur obligations on the other's behalf.

28.7 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.