I. Introduction

Welcome, and thank you for visiting Terapage.ai (also reachable through the domains Terapage.com or Terapage.io or Terapage.co.uk). Terapage (“Terapage”) is registered in the United Kingdom, and our principal office is located at: 20 Wenlock Road, London, United Kingdom. N1 7GU.

Terapage offers a distinctive online service that enables our primarily business customers to observe and gain insights into how consumers shop for, use, consume, and experience various products, services, and related items (such as groceries, packaging, and marketing materials) in real-world settings. Our platform provides a range of interrelated features that allow businesses to initiate and engage in live or recorded interview sessions and activities with research participants using different devices (such as smartphones and cameras) in diverse contexts (including video/photo/audio activities, video/audio interviews & focus groups, surveys, and in-person fieldwork). It is important to note that all participation by research participants is entirely voluntary.

II. Terms of Service

These Terms of Service ("Terms") are intended to outline the conditions under which we make the Sites available to you and clarify your obligations when using the Sites. Please carefully review these Terms, as well as our Privacy Policy (available at https://www.Terapage.ai/privacypolicy.html). If you have any concerns or questions, please don't hesitate to contact us using the information provided below.

Please understand that these Terms constitute a binding contract. By accessing and using any features or services on the Sites, you acknowledge your acceptance of these Terms and our Privacy Policy. You also agree to be legally bound by these terms.

IF YOU DISAGREE WITH ANY PROVISIONS IN THESE TERMS OR OUR PRIVACY POLICY, OR IF YOU OBJECT TO ANY FUTURE CHANGES WE MAY MAKE TO THESE TERMS OR OUR PRIVACY POLICY, PLEASE CEASE ACCESSING AND/OR USING THE SITES IMMEDIATELY.

III. Scope; Additions and Changes to These Terms

These Terms apply to and govern the following: (1) the www.Terapage.ai homepage and all associated websites and pages, (2) all associated web and/or mobile applications, and (3) all features of our service platform collectively referred to as the "Site" or "Sites." Our Privacy Policy (https://www.Terapage.ai/privacypolicy.html) explains how we handle the data collected or generated through the use of the Sites. Your use of the Sites may also be subject to other terms and conditions found directly on the Sites, including notices, business terms, policies, charges, registration requirements, etc. We reserve the right to make changes to these Terms (including the Privacy Policy) and will post any changes on the Sites. It is your responsibility to regularly check the Sites for such updates. By continuing to access the Sites and/or use any of its features or services after the changes have been made, you are bound by the amended Terms. If you choose not to accept the amended Terms, you agree to immediately stop accessing and/or using the Sites.

IV. Rules of Conduct for Site Users

(1) Rules of Conduct

By using the Sites, you agree to the following:

A. You will not use the Sites for any purpose prohibited by these Terms.

B. You will use the Sites in compliance with all applicable laws and export restrictions.

C. You will use the Sites only as intended and designed (if you have any questions about proper usage, please contact us for clarification).

More specifically, you agree not to:

A. Transmit, upload, distribute, or disseminate any content that is unlawful, defamatory, harassing, abusive, offensive, fraudulent, infringing, obscene, or otherwise objectionable (as determined at our sole discretion).

B. Intentionally or recklessly distribute viruses, worms, trojan horses, or any other malicious code or items with destructive, deceptive, or invasive characteristics.

C. Impersonate another person or company or misrepresent yourself or your entity.

D. Without obtaining express permission from the rightful third party (owner, licensor, etc.), refrain from uploading, transmitting, or utilizing any intellectual property or proprietary information belonging to a third party on or through the Sites.

E. The use of the Sites to infringe upon the privacy, publicity, or similar legal rights of others, or to engage in harassing, defamatory, libelous, or harmful activities towards others, is strictly prohibited.

F. Unauthorized access to restricted or limited parts of the Sites, or any attempt to bypass security measures or access restrictions implemented on the Sites, is strictly prohibited.

G. Users are prohibited from deciphering, decompiling, disassembling, reverse engineering, or attempting to derive the source code or underlying ideas of the Sites, unless specifically prohibited by applicable laws. Modifying, translating, creating derivative works, copying, or misappropriating any content, intellectual property rights, or features of the Sites is also prohibited.

H. Removing or modifying our logos, copyright notices, trademarks, or other proprietary rights notices on the Site is prohibited.

I. Any action that is detrimental to the best interests of our company, the Sites, Site users, or the public is strictly prohibited.

V. User Content and Copyright Claims

1. Content

We reserve the right to remove, edit, or modify any content or materials on the Sites, temporarily or permanently, without notice, if we believe it violates these Terms or upon receiving claims or allegations from third parties or authorities.

2. Copyright Infringement Claims

If you are a copyright owner or an authorised agent and believe that content hosted on the Sites infringes your copyright, you may submit a Copyright Infringement Claims notice to us with the required information. Upon receipt of a complete notice, we may take appropriate action, including removing the infringing material.

VI. Additional Terms - Registration

1. Registration

If registration is required, you must provide accurate and complete information on the registration form. We will handle your information in accordance with our Privacy Policy.

2. Registration Information

You agree to provide truthful, accurate, current, and complete registration information. You are responsible for all activities that occur under your account, and you must keep your account information and password confidential. We may freeze or terminate your registration and access to the Sites at any time if it is in the best interests of the Sites or the public, as determined by us.

VII. General Conditions Governing Your Usage of the Site

1. Eligibility/Use Limitations

You may not use the Sites if you are barred from doing so under the laws of the US or any other jurisdiction. If you are registering or using an account on behalf of a Corporate Entity, you represent and warrant that you are authorized to bind the organization to these Terms.

2. Links, Third Party Products and Service Partners

A. Links

The Sites may contain links to third-party websites, and third-party websites may contain links to the Sites. You access third-party websites at your own risk, and we are not responsible for the content, functions, or any other aspect of such third-party websites.

B. Service Partners

We may contract with third parties to provide services associated with the Sites. If you use services provided by Service Partners, you must comply with their terms of service, and you agree to indemnify and hold us harmless from any breaches of those agreements.

3. Notices, Contact Information

A. Notice to Us: Contact us at the provided email address and physical address.

B. Notice to You: We will contact you via the email address you provided during registration. By providing your contact information, you consent to receive communications from us electronically.

VIII. Ownership and Proprietary Rights

(1) Ownership of the Sites and Content

The Sites and their content are protected under intellectual property and proprietary rights laws. You must respect all copyright, trademark, and other proprietary rights notices and restrictions.

(2) Limited License for Site Use:

Under these Terms, we grant you a unique, restricted, non-exclusive, non-sublicensable, and non-transferable license to exclusively utilize the Sites and our content for personal or authorized entity use, solely in conjunction with your Site usage.

(3) Feedback and Future Development:

If you provide us with any suggestions or feedback (referred to as "Feedback"), including ideas for enhancing the Sites, you hereby grant us an unrestricted, fully-paid, royalty-free, perpetual, irrevocable, nonexclusive license to utilize and/or exploit such Feedback in any manner, including incorporating it into the Sites.

IX. Liability Provisions and Dispute Resolution:

(1) Our Warranties and Representations:

We provide access to the Sites to you and the general public on a limited basis. You acknowledge that we have no special relationship or fiduciary duty to you.

THE SITES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EXCEPT AS EXPRESSLY STATED ABOVE, THE SITES ARE PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE INCLUDE, BUT ARE NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

IN CERTAIN STATES, LIMITATIONS ON CERTAIN WARRANTIES OR THE DURATION OF IMPLIED WARRANTIES MAY NOT BE ALLOWED BY LAW. IF SUCH LAWS APPLY, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE LOWEST LIABILITY ALLOWED UNDER APPLICABLE LAW.

Electronic Communications Privacy Act Notice (18 USC 2701-2711): WE CANNOT GUARANTEE THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED THROUGH THE SITES OR ANY LINKED WEBSITES. We will not be held responsible for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other user content stored on our equipment, transmitted over networks accessed by the Site, or otherwise associated with your Site usage.

(2) Your Indemnification Obligation:

You agree to defend, indemnify, and hold us, our affiliates, and all employees, agents, members, partners, contractors, directors, suppliers, and representatives harmless from any liabilities, claims, and expenses, including reasonable attorney's fees, arising from or related to your violation of these Terms.

(3) Waiver and Release:

By using the Sites, you hereby waive and release, to the fullest extent permitted by law, any and all claims against us, our parent companies, subsidiaries, or affiliated entities, as well as their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, including their successors and assigns. This waiver encompasses any claims, actions, suits, procedures, costs, expenses, damages, and liabilities of any kind that may arise directly or indirectly from your use of the Sites.

You hereby release and forever discharge Terapage Limited and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

(4) Limitation of Liability:

We shall not be held liable under any circumstances, whether in contract, tort, strict liability, negligence, or any other legal or equitable theory, for any kind of special, indirect, incidental, punitive, or consequential damages, including lost profits, data loss, or damages arising from bugs, viruses, trojan horses, or similar sources. Our liability for any direct damages shall not exceed one-hundred GBP dollars (£100.00) in any situation.

The limitations on our liability stated above apply to the maximum extent permitted by applicable law, regardless of whether we have been advised of the possibility of such losses.

(5) Statute of Limitations:

Unless otherwise specified in these Terms, any cause of action related to these Terms or the Sites must be initiated within one (1) year after the cause of action arises. Otherwise, the cause of action is permanently barred.

(6) Choice of Law and Venue:

These Terms are governed by the laws of the United Kingdom, without regard to its conflict of law provisions. You agree that any claim or dispute against us must be resolved in a court located in the United Kingdom, unless otherwise agreed by the parties. You consent to the personal jurisdiction of the courts in United Kingdom, for the purpose of litigating any such claims or disputes.

X. Subscriptions, Payments, and Charges:

(1) Services and Fees:

The Sites may offer you the opportunity to purchase projects or subscriptions for accessing and using specific SaaS-based Services ("Services") in exchange for payments. The applicable fees and services are described on the Sites or in other service documentation provided by us.

(2) Services - Terms:

If you choose to purchase Services, the effective date of your purchase will be the date you complete your registration on the Sites or when your account is activated by us and we receive a purchase order or initial payment.

For subscription-based or time-based services, the service period ends on the last day of the subscription period or the last day of services, as indicated on the Sites or other documentation. After the service period ends, we may provide notice that your subscription period has expired, and you should download any content generated during your use of the Sites. After 90 days from such notice, we may terminate applicable services, delete your account(s), and all associated information. We have no obligation to archive, retrieve, or transmit any Site or account-related information after termination, unless otherwise agreed.

(3) Payment Processing:

The Sites may require you to make payments for Site usage or product purchases. We have engaged third-party service providers to process credit card payments and other types of payments. Only the payment methods listed on the Sites are accepted. We do not have direct access to credit card numbers or other payment information, and our access to such information is limited to what is described in the Privacy Policy.

(4) Your Agreement on Payment Processing:

By using a credit card for payment on the Sites, you agree that we (or our third-party service provider) may process charges for transactions initiated by you based on the fees and rates specified on the Sites.

(5) Additional Obligations/Restrictions:

A. You agree to indemnify, defend, and hold us harmless from any breach by you of credit or debit card processing agreements or agreements with alternative payment service providers (e.g., PayPal).

B. Sharing accounts or creating multiple user accounts or connections to evade payment obligations is prohibited.

C. We will charge you for purchased resources and services as indicated on the Sites or agreed upon in writing. Late payments may accrue interest at a rate of 1.5% per month or the highest rate permitted by law. We reserve the right to suspend or cancel transactions and related Site privileges for late payments. You are responsible for reasonable expenses and attorney's fees incurred in collecting late payments.

D. You are responsible for paying all applicable taxes and government charges related to your Site payments. To the fullest extent permitted by law, you waive all claims relating to Site-related charges unless claimed within 60 days after the due date of the charge.

E. You acknowledge and agree that we may share your credit card information, payment service information, and related billing and payment information with third-party service providers (e.g., payment processors, credit agencies) for credit checks, payment processing, and account servicing purposes. We may disclose such information in response to valid legal processes or to exercise our legal rights. We are not liable for any use or disclosure of such information by third parties.

XI. General Provisions:

(1) Integration and Severability:

If any provision of these Terms is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary for the Terms to remain in full force and effect. The failure to exercise any right provided in these Terms does not constitute a waiver of further rights.

(2) Additional Terms:

We are not liable for any failure to perform obligations resulting from causes beyond our reasonable control, such as mechanical, electronic, or communication failures. These Terms are personal to you and may not be assigned, transferred, or sublicensed by you without our prior written consent. We may assign, transfer, or delegate our rights and obligations without your consent. These Terms do not create an agency, partnership, joint venture, or employment relationship between the parties. The prevailing party in any action to enforce these Terms is entitled to recover costs and attorney's fees. All notices under these Terms must be in writing and will be deemed given when received, electronically confirmed, or sent for next-day delivery by recognized overnight service. No third-party action or statement will amend these Terms. In case of inconsistencies, these Terms of Service govern. Headings are for convenience and do not limit or affect any provisions.

XII. Terminology:

The following capitalized words have the assigned meanings below. Other definitions may be found in other sections of these Terms.

1. "We," "us," "our," and equivalent terms refer to Terapage, including its employees, officers, directors, agents, investors, parent company, and associated companies.

2. "You," "your," "yours," and equivalent terms refer to individuals (acting individually or representing corporate entities) accessing or using the Sites and accepting these Terms.