Terms of Service | Afilo Enterprise

Effective Date: January 30, 2025

These Terms of Service ("Terms", "Agreement") govern your use of the Afilo enterprise software platform ("Service", "Platform") operated by TechSci, Inc. ("we", "us", "our", "Company").

IMPORTANT: By accessing or using our Service, you ("Customer", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.

🚫1. Geographic Restrictions and Service Availability

CRITICAL: TechSci, Inc. (operating the Afilo platform) does NOT provide services to individuals or entities located in the European Union (EU) or European Economic Area (EEA).

Excluded Jurisdictions (27 EU Member States):

• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Ireland
• Italy
• Latvia
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden

Your Representation and Warranty:

By using our Service, you represent and warrant that:

You are not located in the EU/EEA
You are not subject to EU data protection laws (GDPR)
You will not use our Service to process data of EU/EEA residents
You will not access our Service from within the EU/EEA

We reserve the right to immediately terminate service to any user determined to be located in or subject to EU/EEA jurisdiction, without refund or liability.

Approved Service Regions:

• United States (primary market)
• Canada
• United Kingdom (post-Brexit)
• Australia
• New Zealand
• Singapore
• Japan
• Other non-EU countries where legally permitted

2. Account Registration and Eligibility

Eligibility Requirements:

To create an account and use our Service, you must:

Age: Be at least 18 years old or the age of majority in your jurisdiction
Authority: Have the legal authority to enter into binding contracts
Business Entity: Represent a legitimate business or organization (for Enterprise plans)
Accurate Information: Provide true, accurate, current, and complete information
Geographic Compliance: Be located in an approved service region (NOT EU/EEA)

Account Responsibilities:

Security: Maintain confidentiality of account credentials (username, password, API keys)
Unauthorized Access: Notify us immediately at security@techsci.io of any unauthorized use
Account Sharing: Do not share accounts across multiple organizations or entities
Accuracy: Keep account information up-to-date (email, billing address, contact information)
One Account Per Organization: Maintain only one active subscription per organization (no duplicate accounts to circumvent limits)

Account Suspension/Termination:

We reserve the right to suspend or terminate accounts that violate these Terms, provide false information, engage in fraudulent activity, or pose security risks. See Section 14 for termination procedures.

3. Subscription Plans, Pricing, and Billing

Available Plans:

Professional: $499 - $2,499/month (up to 25 users)
Business: $999 - $4,999/month (up to 100 users)
Enterprise: $1,999 - $9,999/month (up to 500 users)
Enterprise Plus: $9,999+/month (unlimited users, custom pricing)

Exact pricing based on number of users, features selected, and annual vs. monthly billing. See Enterprise Pricing for details.

Billing Terms:

Billing Cycle: Monthly or Annual (annual billing offers 17% discount)
Payment Method: Credit card, ACH direct debit, or wire transfer (Enterprise Plus only)
Auto-Renewal: Subscriptions automatically renew unless cancelled before renewal date
Price Changes: We may change pricing with 30 days' notice (existing subscriptions honored until renewal)
Taxes: Prices exclude applicable sales tax, VAT, or other taxes (Customer responsible)
Currency: All prices in US Dollars (USD)

Payment Processing:

Payments processed by Stripe, Inc. (PCI DSS Level 1 certified). By providing payment information, you authorize us to charge your payment method for all fees.

Late Payment:

Accounts unpaid for 15 days will be suspended (read-only access)
Accounts unpaid for 30 days will be terminated (data deleted after 90 days)
Late fee: 1.5% per month on overdue balances (or maximum allowed by law)

Refund Policy:

See our Refund & Return Policy for complete refund terms, including our 30-day satisfaction guarantee for new customers.

4. Service Description and Availability

What We Provide:

Afilo is an enterprise-grade software platform providing:

Cloud-based SaaS application accessible via web browser and API
User management, authentication, and access control
Data storage, processing, and analytics
Integration capabilities with third-party services (Stripe, Clerk, Neon, etc.)
Customer support via email, chat, and phone (plan-dependent)
Security features including encryption, backups, and monitoring

Service Level Agreement (SLA):

Uptime Guarantee: 99.99% monthly uptime for Enterprise and Enterprise Plus plans

Support Response Times:

Professional: 24-hour response time (business days)
Business: 8-hour response time (business days)
Enterprise: 4-hour response time (24/7)
Enterprise Plus: 1-hour response time (24/7 dedicated support)

For SLA credits and outage compensation, see our Refund Policy Section 7.

Service Limitations:

We reserve the right to:

Impose usage limits (API calls, storage, bandwidth) based on your plan
Perform scheduled maintenance (announced 7+ days in advance when possible)
Modify, suspend, or discontinue features with reasonable notice
Refuse service to users violating these Terms or applicable laws

Beta Features:

Features labeled "Beta", "Alpha", or "Experimental" are provided AS-IS without warranties or SLA guarantees. We may discontinue Beta features at any time without notice.

5. Acceptable Use and Prohibited Activities

You agree NOT to use our Service for any illegal, harmful, or abusive purposes. See our complete Acceptable Use Policy for detailed restrictions.

Prohibited Activities Include:

Illegal Activity: Fraud, money laundering, terrorist financing, drug trafficking, CSAM, weapons sales
Abuse: Harassment, hate speech, threats, doxxing, spam, phishing
System Abuse: Hacking, DDoS attacks, malware distribution, unauthorized access, excessive API usage
Intellectual Property Violations: Piracy, trademark infringement, unauthorized distribution of copyrighted material
Data Violations: Scraping, unauthorized data collection, HIPAA violations without BAA, EU/EEA data processing
Reselling: Unauthorized resale of Afilo services without written permission

Enforcement:

Violations may result in warnings, temporary suspension, or permanent termination without refund. Severe violations (CSAM, terrorism, violence) result in immediate termination and law enforcement reporting.

Report violations: abuse@techsci.io

6. Intellectual Property Rights

Our Rights:

The Service and its original content, features, and functionality (including but not limited to software, design, text, graphics, logos) are owned by TechSci, Inc. (operating the Afilo platform) and protected by:

United States and international copyright laws
Trademark laws and treaties
Trade secret protections
Patent rights (pending and issued)

Afilo® is a registered trademark of TechSci, Inc. (operating the Afilo platform). You may not use our trademarks without prior written permission.

Your Rights (License Grant):

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

Access and use the Service for your internal business purposes
Use the Service within the scope of your subscription plan
Create derivative works from your own data stored in the Service

You may NOT:

Reverse engineer, decompile, or disassemble the Service
Copy, modify, or create derivative works of the Service itself
Rent, lease, loan, resell, or sublicense access to the Service
Remove or alter any proprietary notices (copyright, trademarks)
Use the Service to build a competitive product

Your Content:

You retain all ownership rights to content you upload or create using the Service ("Customer Data"). By uploading content, you grant us a limited license to:

Store, process, and transmit Customer Data as necessary to provide the Service
Create backups and derivative works for service delivery
Use aggregated, anonymized data for analytics and service improvement

We will NOT use your Customer Data for any purpose other than providing the Service without your consent. See our Privacy Policy and Data Processing Agreement for details.

7. Data Privacy, Security, and Compliance

Our Commitments:

SOC 2 Type II Certified: Annual independent audit of security controls
ISO 27001:2022 Certified: Information security management system
HIPAA Compliant: Execute Business Associate Agreements for healthcare customers
CCPA Compliant: California Consumer Privacy Act compliance
Encryption: AES-256 at rest, TLS 1.3 in transit
Access Controls: RBAC, MFA, least privilege principle
Audit Logging: Comprehensive logs of all data access and modifications
Regular Testing: Penetration testing, vulnerability scans, security assessments

Your Responsibilities:

Maintain strong passwords and enable multi-factor authentication
Ensure compliance with applicable laws for YOUR data and use cases
Do NOT upload PHI without executing a HIPAA Business Associate Agreement
Do NOT process EU/EEA personal data using our Service
Notify us immediately of suspected security incidents or unauthorized access

Related Policies:

Privacy Policy - How we collect, use, and protect personal information
Data Processing Agreement - HIPAA/SOC 2 compliance, data processing terms
Acceptable Use Policy - Data usage restrictions and prohibited content

HIPAA Customers:

To process Protected Health Information (PHI), you MUST execute a Business Associate Agreement (BAA) before uploading any PHI. Request BAA: hipaa@techsci.io

8. Warranties and Disclaimers

Our Limited Warranty:

We warrant that the Service will perform substantially in accordance with our documentation and will meet our 99.99% uptime SLA (for Enterprise plans).

Your Exclusive Remedy: If we fail to meet this warranty, your sole remedy is service credits as outlined in our Refund Policy.

Disclaimer of Warranties:

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow disclaimer of implied warranties, so the above disclaimer may not apply to you to the extent prohibited by law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL TECHSCI, INC. (OPERATING THE AFILO PLATFORM), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
COST OF SUBSTITUTE GOODS OR SERVICES
BUSINESS INTERRUPTION OR LOSS OF USE

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

$100 USD, OR
The amount you paid us in the 12 months prior to the event giving rise to liability

Exceptions:

The above limitations do NOT apply to:

Our indemnification obligations (Section 10)
Your payment obligations
Liability that cannot be excluded under applicable law (death, personal injury caused by negligence)
Fraud or willful misconduct

Some jurisdictions do not allow limitation of liability for incidental or consequential damages, so the above limitations may not apply to you to the extent prohibited by law.

10. Indemnification

Your Indemnification Obligations:

You agree to indemnify, defend, and hold harmless TechSci, Inc. (operating the Afilo platform), its officers, directors, employees, agents, and affiliates from any third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use or misuse of the Service
Your violation of these Terms or applicable laws
Your Customer Data (including infringement of third-party IP rights)
Your violation of our Acceptable Use Policy
Breach of your representations and warranties (including geographic restrictions)
Your negligence, willful misconduct, or fraud

Our Indemnification Obligations:

We will indemnify you from third-party claims that the Service infringes a valid US patent, copyright, or trademark, provided you:

Promptly notify us in writing of the claim
Grant us sole control of the defense and settlement
Provide reasonable assistance in the defense (at our expense)

Our Remedy: If the Service is found to infringe, we may (at our option):

Obtain a license for continued use
Modify the Service to be non-infringing
Replace with non-infringing equivalent
Terminate your subscription and refund prepaid fees (pro-rated)

Indemnification Exclusions:

We are NOT obligated to indemnify for claims arising from: (a) modification of the Service by anyone other than us, (b) use of the Service in combination with third-party products, (c) your Customer Data, or (d) your violation of these Terms.

11. Third-Party Services and Integrations

Our Service integrates with third-party services and platforms (e.g., Stripe, Clerk, Neon, Google OAuth).

Third-Party Terms:

Use of third-party services is subject to their own terms and privacy policies
We are not responsible for third-party services' availability, security, or content
You are responsible for complying with third-party terms when using integrations
We may disable integrations at any time if third-party terms change or services become unavailable

Third-Party Links:

Our Service may contain links to third-party websites. We do not endorse or control these websites and are not responsible for their content, accuracy, or practices.

Disclaimer:

Your use of third-party services is at your own risk. We disclaim all liability for third-party services, content, or actions.

12. Confidentiality

Definition:

"Confidential Information" means non-public information disclosed by one party ("Discloser") to the other party ("Recipient"), including but not limited to:

Business plans, strategies, and financial information
Technical data, algorithms, and source code
Customer Data and Personal Data
Pricing, discounts, and contractual terms
Information marked "Confidential" or that reasonably should be understood as confidential

Obligations:

Recipient agrees to:

Protect Confidential Information using at least the same degree of care as for its own confidential information (minimum: reasonable care)
Use Confidential Information only for purposes of the Agreement
Disclose Confidential Information only to employees/contractors with need-to-know and confidentiality obligations
Not disclose Confidential Information to third parties without prior written consent

Exclusions:

Confidentiality obligations do NOT apply to information that:

Is or becomes publicly available through no breach of this Agreement
Was rightfully known prior to disclosure
Is independently developed without use of Confidential Information
Is rightfully received from a third party without confidentiality obligation
Must be disclosed by law or court order (with prior notice to Discloser when permitted)

Duration:

Confidentiality obligations survive for 3 years after termination of the Agreement, except for trade secrets which remain confidential indefinitely.

13. Modifications to Service and Terms

Service Changes:

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

Feature Changes: We may add, modify, or remove features
Scheduled Maintenance: Announced 7+ days in advance when possible
Emergency Maintenance: May occur without notice for security or stability
Beta Features: May be discontinued at any time

Terms Changes:

We may update these Terms from time to time. When we make material changes, we will:

Update the "Effective Date" at the top of this page
Notify you via email at least 30 days before changes take effect
Post prominent notice in your account dashboard

Your Options: If you do not agree to updated Terms, you may:

Cancel your subscription within 30 days of notification (no penalty)
Continue using the Service under the new Terms (acceptance via continued use)

Continued use of the Service after the effective date of changes constitutes acceptance of the updated Terms.

14. Termination

Termination by You:

You may cancel your subscription at any time from your account dashboard or by contacting support@techsci.io.

Cancellation effective at end of current billing period
No pro-rata refunds for mid-cycle cancellations (except 30-day guarantee)
Access retained until end of billing period
Data export available for 90 days post-cancellation

Termination by Us:

We may suspend or terminate your account immediately if:

Violation of Terms: Breach of these Terms, Acceptable Use Policy, or other policies
Non-Payment: Account unpaid for 30+ days
Illegal Activity: Fraud, CSAM, terrorism, or other illegal conduct
Security Risk: Account poses security threat to Service or other users
False Information: Provided materially false account information
Geographic Violation: Determined to be located in EU/EEA

Effect of Termination:

Immediate: Access to Service revoked
7 days: Final opportunity to export data
90 days: All Customer Data permanently deleted from production systems
120 days: Data deleted from backups (as backups expire)

No Refunds for Cause:

If we terminate your account for cause (violation of Terms), you are NOT entitled to any refund of prepaid fees. We may also pursue legal remedies for damages caused by your violations.

Survival:

The following sections survive termination: Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 12 (Confidentiality), 15 (Dispute Resolution), and 16 (General Provisions).

15. Dispute Resolution and Arbitration

MANDATORY ARBITRATION CLAUSE

ANY DISPUTES BETWEEN YOU AND TECHSCI, INC. (OPERATING THE AFILO PLATFORM) SHALL BE RESOLVED BY BINDING ARBITRATION, NOT IN COURT, EXCEPT AS PROVIDED BELOW.

For complete dispute resolution procedures, see our Dispute Resolution Policy.

4-Step Process:

Informal Resolution (30 days): Contact support@techsci.io
Formal Complaint (60 days): Written notice to legal@techsci.io
Mediation (Optional): Non-binding mediation attempt
Binding Arbitration (Mandatory): AAA rules, Delaware venue, individual arbitration only

Class Action Waiver:

YOU AND TECHSCI, INC. (OPERATING THE AFILO PLATFORM) AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS.

All disputes must be brought individually. You may NOT bring claims on behalf of other customers or users.

Opt-Out Right:

You may opt out of arbitration by sending written notice to optout@techsci.io within 30 days of account creation. Include your name, email, and statement "I opt out of arbitration."

Governing Law:

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

16. General Provisions

Entire Agreement:

These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, Dispute Resolution Policy, and Data Processing Agreement, constitute the entire agreement between you and TechSci, Inc. (operating the Afilo platform) regarding the Service.

Severability:

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver:

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Assignment:

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations without restriction (e.g., in connection with a merger or acquisition).

Force Majeure:

We are not liable for failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labor disputes, government actions, or failures of third-party services.

Export Compliance:

The Service is subject to US export control laws. You agree not to export, re-export, or transfer the Service or any technical data to prohibited countries or individuals under US sanctions (e.g., Cuba, Iran, North Korea, Syria, Crimea).

Government Use:

If you are a US government entity, the Service is a "commercial item" as defined in FAR 2.101 and is provided with only those rights granted to non-governmental customers under these Terms.

Independent Contractors:

The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

Notices:

Legal notices to TechSci, Inc. (operating the Afilo platform) must be sent to: legal@techsci.io or 1111B S Governors Ave STE 34002, Dover, DE 19904.

We will send notices to the email address associated with your account.

17. Contact Information

Company: TechSci, Inc. (operating the Afilo platform)
Address: 1111B S Governors Ave STE 34002, Dover, DE 19904, United States

General Support:
Email: support@techsci.io
Phone: +1 302 415 3171 (Mon-Fri, 9am-5pm ET)

Legal Inquiries:
Email: legal@techsci.io

Billing & Refunds:
Email: billing@techsci.io

Security Issues:
Email: security@techsci.io
24/7 Hotline: +1 302 415 3171

Privacy & Data Protection:
Email: privacy@techsci.io

Acknowledgment and Acceptance

BY ACCESSING OR USING THE AFILO SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE TO:

Geographic restrictions (NO EU/EEA services)
Mandatory arbitration clause and class action waiver
Limitation of liability and disclaimer of warranties
Data processing terms and privacy practices
Acceptable use restrictions

If you have questions about these Terms, contact: legal@techsci.io