Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") form a binding agreement between you and [LEGAL ENTITY NAME] ("Everest", "we", "us", or "our") and govern your access to and use of the Everest application, website, APIs, integrations, and related services (the "Service"), accessible at everest.ag and app.everest.ag.

By creating an account, connecting a third-party service to Everest, or otherwise using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 16 years old (or the higher age of digital consent in your jurisdiction) to use the Service. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" in these Terms means both you individually and the organisation.

3. Your account

You are responsible for the security of your account credentials and for all activity that occurs under your account. You must notify us promptly at security@everest.ag of any unauthorised use. We are not liable for losses arising from your failure to safeguard your credentials.

You agree to provide accurate information when creating your account and to keep it up to date.

4. The Service

Everest is an AI assistant that helps you manage information and execute tasks across your connected accounts. Functionality may include, without limitation: messaging, drafting, scheduling, summarisation, file creation, calendar coordination, and integration with third-party services such as Google Workspace, GitHub, Stripe, and Slack.

We may add, modify, or remove features at any time. We may impose limits on usage, storage, or connected services as needed to operate the Service safely and fairly.

5. Beta and pre-release

The Service is currently offered as a pre-release product. It may contain bugs, incomplete features, and unexpected behaviour. We may modify, suspend, or discontinue features (or the entire Service) without prior notice. Pre-release functionality is provided "as is" and is not guaranteed to be fit for any particular purpose.

6. Connected third-party services

The Service is designed to act on your behalf in third-party services you connect (e.g. Google Workspace, GitHub, Stripe, Slack, Telegram, WhatsApp). When you connect a service, you authorise Everest to access and act in that service within the scope you grant.

You acknowledge that:

• Each connected service is governed by its own terms and policies, not by us
• The third-party provider may change, restrict, or terminate access at any time, which may affect Everest's functionality
• You are responsible for your compliance with each connected service's terms, including any usage limits or licensing rules
• You can revoke Everest's access at any time through the third party's settings (e.g. myaccount.google.com/connections for Google) and through your Everest account

We are not responsible for the availability, accuracy, content, or behaviour of any third-party service, nor for any loss arising from changes a third-party service makes that affect the Service.

7. AI agent & your responsibility

You acknowledge and agree that:

• Everest may misinterpret instructions, hallucinate facts, choose the wrong recipient, miss context, or otherwise produce incorrect output
• Outputs should be reviewed before being relied upon in any high-stakes context (financial decisions, legal matters, regulated communications, time-sensitive commitments)
• You retain full responsibility for the outcomes of actions you instruct or authorise Everest to take, including financial, legal, reputational, and contractual consequences
• You are responsible for ensuring that your use of Everest in your accounts complies with the rules of those accounts (e.g. not sending bulk email through Gmail in violation of Gmail policy)

To the maximum extent permitted by law, we disclaim liability for actions Everest takes pursuant to your instructions or autonomous decisions made within the scope of authority you grant it.

8. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation, or third party's rights
• Send spam, unsolicited bulk communications, or content that is illegal, harassing, defamatory, or infringing
• Impersonate any person or entity, or misrepresent your affiliation
• Attempt to access another user's data, account, or systems without authorisation
• Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure, except under a written authorised security testing arrangement
• Interfere with or disrupt the Service or any third-party service (including circumventing rate limits)
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law
• Use the Service or its outputs to train, develop, or evaluate any competing AI model or product
• Resell, sublicense, or commercially exploit the Service without our prior written consent
• Use automated means to access the Service in a way that exceeds reasonable use, or to scrape data from it

We may suspend or terminate your access for any breach.

9. Fees

While the Service is in pre-release, it may be offered free of charge or under specific paid plans we communicate to you. Once paid plans are introduced, fees, billing terms, and renewal terms will be presented at the point of purchase and will form part of these Terms.

Prices are exclusive of taxes unless stated otherwise. You are responsible for any applicable taxes (including VAT). Where required, we will collect and remit them. Fees, once paid, are non-refundable except as required by applicable law or as expressly stated in a paid plan's terms.

10. Intellectual property

The Service, including all software, design, branding, documentation, and underlying intellectual property, is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms. No other rights are granted by implication, estoppel, or otherwise.

11. Your content & license

You retain ownership of all content you submit to the Service or that Everest accesses on your behalf through connected services ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, process, transmit, display, modify, and create derivative works of Your Content solely as necessary to provide and operate the Service for you (for example, to send Your Content to LLM providers to generate responses, to store conversation history, to back up data). This licence ends when you delete Your Content or close your account, except as needed to comply with law or to honour the retention schedule in our Privacy Policy.

You represent and warrant that you have all rights necessary to grant this licence and that Your Content does not infringe or violate any third-party rights or applicable law.

We do not use Your Content to train AI models for any third party.

12. Privacy

Our collection, use, and protection of personal data is described in the Privacy Policy, which forms part of these Terms.

13. Disclaimer of warranties

The Service is provided "as is" and "as available", without warranty of any kind, express or implied.

To the maximum extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, reliability, security, and uninterrupted or error-free operation. We do not warrant that the Service will meet your requirements, that any defects will be corrected, or that the Service is free of viruses or harmful components. We do not warrant the accuracy of any AI-generated output.

14. Limitation of liability

To the maximum extent permitted by applicable law:

1. In no event will we, our affiliates, directors, employees, contractors, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, data, business, goodwill, or anticipated savings, arising out of or related to your use of the Service, even if we have been advised of the possibility of such damages.
2. Our total aggregate liability arising out of or related to these Terms or the Service, regardless of the form of action, will not exceed the greater of (a) the total amount you paid us for the Service in the twelve months immediately preceding the event giving rise to the liability, and (b) one hundred euros (€100).

Nothing in these Terms limits liability that cannot be limited or excluded under applicable law (such as liability for gross negligence, wilful misconduct, or, where applicable, death or personal injury caused by negligence).

15. Indemnification

You agree to defend, indemnify, and hold harmless Everest, its affiliates, and their respective directors, officers, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in breach of these Terms; (b) Your Content; (c) your violation of any law or third-party right (including any third-party service's terms); and (d) actions taken by Everest in your connected accounts pursuant to your instructions or authority.

16. Suspension & termination

You may stop using the Service and delete your account at any time from your account settings or by emailing support@everest.ag.

We may suspend or terminate your access to the Service, or any part of it, at any time, with or without notice, if we reasonably believe you have breached these Terms, if your use poses a security or legal risk, if a third-party provider requires it, or if we discontinue the Service. We are not liable for any loss arising from suspension or termination.

Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, and governing law) survive termination.

17. Changes to these Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. For material changes, we will provide additional notice — for example, by emailing the address associated with your account or by displaying a prominent in-Service notice — at least 14 days before the change takes effect. Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If you do not agree to the changes, you may stop using the Service.

18. Governing law & disputes

These Terms are governed by the laws of [GOVERNING LAW JURISDICTION, e.g. France], without regard to conflict-of-laws principles.

Any dispute arising out of or related to these Terms or the Service that the parties cannot resolve informally will be brought exclusively before the competent courts of [FORUM, e.g. Paris, France], except that we may bring proceedings to enforce intellectual property rights or for injunctive relief in any court of competent jurisdiction.

For consumers domiciled in the European Union, this clause does not deprive you of the protection afforded by the mandatory provisions of the law of your country of habitual residence, including the right to bring proceedings in the courts of that country.

19. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any plan-specific terms presented to you, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.

Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to reflect, to the extent possible, the parties' original intent.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to an affiliate, successor, or in connection with a merger, acquisition, or sale of all or substantially all of our assets.

Force majeure. Neither party is liable for failure to perform caused by events beyond reasonable control (including network outages, third-party service failures, natural disasters, war, terrorism, or government action).

Notices. We may give notice to you by email at the address associated with your account, by posting in the Service, or by any other reasonable means. Notices to us must be sent to legal@everest.ag.

20. Contact

[LEGAL ENTITY NAME]
[STREET ADDRESS]
[POSTAL CODE, CITY, COUNTRY]
General: hello@everest.ag
Legal: legal@everest.ag
Privacy: privacy@everest.ag
Security: security@everest.ag