Terms of Service

These Terms of Service (the “Terms”) are an agreement between Tenmore Inc., a corporation incorporated in Ontario (“Tenmore”, “we”, “us”) and the organization that uses our services (“Customer”, “you”). The services are the website, the web application, the API and everything we provide through them (the “Service”). By creating a workspace, starting a trial, or using the Service, you accept these Terms on behalf of the organization you represent, and you confirm you are allowed to do so.

These Terms, any order form you sign with us, and our Data Processing Agreement (the “DPA”) together form the “Agreement”. If they conflict, the order form prevails, then the DPA (for personal data), then these Terms.

1. Definitions

2. Accounts and workspaces

2.1 The Service is for organizations and their people acting for them, not for personal or household use. Users must be at least 16.

2.2 Customer is responsible for its workspaces and for everything done in them under its Users’ accounts and keys:

Tell us at once at hello@tenmore.com if you believe an account or key has been compromised.

2.3 Owners of a workspace act for Customer in the Service: they can change its plan and settings, grant support access, and delete it.

3. Trials

3.1 We may offer a free trial for a limited time and with limits on seats, requests and features, as shown in the Service. One trial per person and organization; we may refuse or end a trial that we reasonably believe circumvents this.

3.2 During a trial we may provide an AI model so you can try the Service before connecting your own services. Its use is limited in amount and ends with the trial, and requests sent to it go to our subprocessor as described in our Privacy Policy.

3.3 At the end of a trial, the workspace becomes read-only until it moves to a paid plan. If it hasn’t moved to a paid plan 30 days after the trial ended, we delete it, after emailing its owners 30 days and 7 days before (or, for the first notice, when the trial ends). Trials are provided “as is”, without the commitments in sections 10.2 and 14.1, and our liability for them is limited as described in section 15.

4. Plans, fees and payment

4.1 Plans and prices. Paid plans, their prices and their limits (such as seats and the monthly allowance of requests) are those stated in the order form or, if there is none, on our pricing page when Customer subscribes. Team and Business plans are subscriptions priced per seat, billed monthly or annually; Enterprise plans are set by order form.

4.2 Subscribing. Owners and administrators subscribe in the Service and pay through our payment provider, Stripe, by card or another method offered at checkout. By subscribing, Customer authorizes us, through Stripe, to charge that payment method for each renewal and for the changes described in section 4.6, until the subscription is cancelled.

4.3 Currency. Prices are in US dollars, or in Canadian dollars for Customers in Canada, as shown at checkout. A subscription stays in the currency it started in.

4.4 Taxes. Fees exclude taxes. Customer pays the applicable sales taxes (such as GST/HST, QST, VAT or US sales tax), which are calculated at checkout and shown on invoices, unless it provides a valid exemption. Customer may enter a tax number, which appears on invoices and, where the law provides, means Customer accounts for the tax itself.

4.5 Renewal. Subscriptions are charged in advance and renew automatically for periods of the same length until cancelled.

4.6 Changes that increase the subscription (a higher plan, annual instead of monthly billing, or more seats) take effect at once. The difference for the rest of the current period is charged in proportion to the time left: at once on annual plans, and with the next invoice on monthly plans.

4.7 Changes that reduce the subscription (a lower plan, monthly instead of annual billing, or fewer seats) take effect at the next renewal, with no credit for the current period. Seats can’t be reduced below the number of members in the workspace or the plan’s minimum. Features the lower plan doesn’t include keep working as they were set up, but can’t be changed.

4.8 Cancellation. Owners and administrators can cancel at any time in the Service’s billing page. Cancellation takes effect at the end of the period already paid for, and the workspace keeps working until then. Fees are not refundable, including for unused time or seats, except as sections 10.3, 14.1, 16.1 and 17 of these Terms and section 5.2 of the DPA provide.

4.9 Failed payments. If a payment fails, Stripe tries again over the following days, and the Service tells the owners and administrators so they can update the payment method. If the payment still fails, the subscription ends as described in section 4.10.

4.10 When a subscription ends (cancelled, or unpaid after the retries), the workspace becomes read-only: its gateways and agents stop answering requests and its settings can’t be changed, but everything in it is kept, and owners and administrators can still read and export it. Subscribing again restores it. If no new subscription starts within 90 days after the subscription ended, we delete the workspace, after emailing its owners 30 days and 7 days before; deletion then follows section 13.5 and the DPA.

4.11 Invoiced plans. Where an order form provides for payment by invoice, invoices are due within 30 days. If a payment is more than 15 days late, we may suspend the Service after giving the owners notice, until payment is received.

4.12 Price changes. We may change prices for future subscription periods with at least 30 days’ notice. Changes take effect at Customer’s next renewal.

4.13 Usage of Connected Services: charges from the AI providers and other Connected Services Customer uses are between Customer and those providers. The Service shows estimated costs for convenience; the providers’ own bills prevail.

5. Your content and connected services

5.1 Customer keeps all rights in Customer Content. Customer grants Tenmore a limited right to host, transmit, process and display Customer Content only as needed to provide, secure and support the Service, as the DPA describes. We don’t use Customer Content to train AI models, and we don’t sell it.

5.2 Customer is responsible for Customer Content and for having the rights and permissions needed for it, including informing its Users and any other people concerned that the Service records their use of it.

5.3 Connected Services are chosen and contracted by Customer, and their own terms apply. Customer is responsible for:

Tenmore isn’t responsible for Connected Services, their availability, their Outputs, or how they handle data.

6. AI features and their outputs

6.1 Outputs can be wrong. AI models can produce Outputs that are inaccurate, incomplete, offensive or similar to others’ content. Customer is responsible for how it uses Outputs, including reviewing them before relying on them for decisions that matter.

6.2 Controls reduce risk; they don’t remove it. The Service’s filters, redaction, budgets and evaluations help Customer control requests, answers and costs. They depend on how Customer configures them and on models that can make mistakes. They don’t guarantee that every unwanted request, answer or value is caught.

6.3 The help assistant answers questions about the Service. It looks at workspace information with the asking person’s own permissions. It can make changes to a workspace only when both of these apply:

Its answers can be wrong. Changes it makes are Customer’s changes, made on that approval. Administrators can turn it off.

6.4 Public assistants. If Customer makes an assistant available to visitors of its websites, Customer is responsible for:

Use only content that may be made public: visitors can get the assistant to repeat its instructions and reference texts. The chat shows “Powered by Tenmore”.

7. Acceptable use

Customer and its Users must not use the Service to:

We may remove or block content, or suspend access, that we reasonably believe breaks this section, and will tell the owners unless the law or security prevents it.

8. Support and support access

8.1 We provide support by email at hello@tenmore.com, and through the help assistant in the Service, on business days, with the response times stated in Customer’s order form, if any.

8.2 Tenmore support staff can see or change a workspace only in two cases:

All such access is recorded in the workspace’s audit log, as the DPA describes. Owners can end support access at any time.

9. Privacy and data protection

Our Privacy Policy explains how we handle personal information, and the DPA governs how we process personal information on Customer’s behalf. The DPA forms part of the Agreement.

10. Availability and changes to the Service

10.1 We work to keep the Service available and secure, and maintain the security measures described in the DPA.

10.2 Availability commitments and service credits apply only if stated in Customer’s order form. We will try to give notice of planned maintenance that may interrupt the Service.

10.3 We improve the Service continually and may change or remove features. If we remove a significant feature Customer pays for, we will tell the owners at least 30 days ahead. If that harms Customer materially, Customer may end the affected subscription and get a refund of prepaid fees for the remaining period.

11. Intellectual property

11.1 Tenmore and its licensors own the Service, including its software, design and documentation. Subject to the Agreement and payment of the fees, Customer may use the Service for its own business purposes during the subscription. No other rights are granted.

11.2 As between the parties, Customer owns the Outputs it receives, to the extent the law allows and subject to the Connected Services’ terms.

11.3 If Customer gives us suggestions or feedback, we may use them without obligation to Customer.

12. Confidentiality

Each party will keep the other’s non-public information that it receives under the Agreement confidential, use it only for the Agreement, and protect it with at least reasonable care. This doesn’t apply to information that is public through no fault of the receiving party, already known to it, independently developed, or rightfully received from a third party. A party may disclose confidential information when the law requires it, after notifying the other party where allowed.

13. Term, suspension and termination

13.1 The Agreement lasts as long as Customer has a workspace. Paid subscriptions renew and end as section 4 describes, or as the order form states.

13.2 Customer may stop using the Service and have an owner delete its workspaces at any time.

13.3 Either party may end the Agreement if the other materially breaches it and doesn’t fix the breach within 30 days of notice.

13.4 We may suspend access immediately, and limit it to what is affected, when needed to:

We will tell the owners and restore access once the cause is resolved.

13.5 When the Agreement ends, Customer’s access stops. Before then, owners can export the information the Service records. We delete Customer’s data as the DPA describes: within 30 days, and from backups within 35. Sections 4 (for fees owed), 5.2, 11, 12, 14, 15, 16, 18 and 19 continue to apply.

14. Warranties and disclaimers

14.1 Tenmore warrants that it will provide the Service with reasonable skill and care, and that the Service will perform materially as described in its documentation. If it doesn’t, Customer’s remedy is that we fix it. If we can’t within a reasonable time, either party may end the affected subscription, and Customer gets a refund of prepaid fees for the remaining period.

14.2 Except as stated in the Agreement, and to the extent the law allows, the Service and Outputs are provided without other warranties or conditions, express or implied, including merchantability, fitness for a particular purpose, and that the Service will be uninterrupted or error-free.

15. Limitation of liability

15.1 Neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue, goodwill or data (other than restoring data from backups we hold), even if told they were possible.

15.2 Each party’s total liability under the Agreement is limited to the fees Customer paid to Tenmore in the 12 months before the event giving rise to the claim. If no fees were paid (for example, during a trial), the limit is CAD $100.

15.3 These limits don’t apply to:

16. Indemnities

16.1 Tenmore will defend Customer against third-party claims that the Service, as we provide it, infringes their intellectual property rights, and pay the resulting damages and costs awarded or agreed in settlement. If such a claim seems likely, we may modify the Service, get the right for Customer to keep using it, or end the affected subscription and refund prepaid fees for the remaining period. This doesn’t cover claims caused by Customer Content, Connected Services, Outputs, or use in breach of the Agreement.

16.2 Customer will defend Tenmore against third-party claims arising from Customer Content, Customer’s use of Connected Services, or use of the Service in breach of section 7, and pay the resulting damages and costs awarded or agreed in settlement.

16.3 The party seeking defense must notify the other promptly, let it control the defense and settlement (no settlement may admit fault for the protected party without its consent), and cooperate reasonably.

17. Changes to these Terms

We may update these Terms. For changes that materially affect Customer, we will email the owners at least 30 days before they take effect, except where a change is required by law sooner. If Customer doesn’t accept a change, it may end the Agreement before the change takes effect and get a refund of prepaid fees for the remaining period. Continuing to use the Service after that date means accepting the change.

18. Governing law

The Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Ontario have exclusive jurisdiction, except that either party may seek urgent injunctive relief in any competent court.

19. General

20. Contact

Questions about these Terms: hello@tenmore.com. Privacy questions: privacy@tenmore.com.

By mail:
Tenmore Inc.
145 1/2 Church Street Office 985
Toronto ON M5B 1Y4
Canada