Terms of Service

1. Who we are and what these Terms cover

These Terms of Service (the "Terms") are an agreement between Tesan AI LLC, a New York limited liability company ("Tesan," "we," "us"), and the business you represent ("Customer," "you"). They govern your use of the Tesan AI subscription platform at tesanai.com and its subdomains, including the CRM, website builder, SEO tools, AI Assistant, email integration and related features (the "Service").

Custom software development, consulting and other work we perform under a separate proposal or statement of work is governed by our Professional Services Terms and that statement of work, not by these Terms.

Our Privacy Policy and Acceptable Use Policy are part of these Terms.

2. Eligibility

The Service is for businesses and professionals, not for personal, family or household use. By creating an account you confirm that you are at least 18 years old and that you have authority to accept these Terms on behalf of the business named in your account. If you do not have that authority, do not create an account.

3. Your account and authorized users

You must give us accurate information, verify your email address and mobile number, and keep that information current. The person who creates the account is its owner and controls billing.

You may invite employees and contractors who work for your business ("Authorized Users"). You are responsible for everything that happens under your account, for your Authorized Users' compliance with these Terms, and for keeping sign-in methods secure. Each person needs their own login; do not share credentials. Tell us promptly at [email protected] if you believe your account has been accessed without permission.

4. Trial, subscription and billing

Trial. You can start a 5-day trial for a one-time, non-refundable charge of $1. A valid payment method is required to start the trial.

Automatic renewal. Unless you cancel before the trial ends, your subscription starts automatically at the end of the trial and you authorize us (through our payment processor, Stripe) to charge $299.99 per month, plus any applicable taxes, to your payment method on file. The first monthly charge happens on the date the trial ends, and on the same day of each following month (or the last day of a shorter month) until you cancel. We tell you the exact date before you start the trial and again in your welcome email.

How to cancel. You can cancel at any time online from the Billing page in your account (Billing → Cancel subscription). You do not need to call, email or chat with us to cancel.

If you cancel during the trial, you will not be charged $299.99. You keep access until the trial ends, and then your account is closed.

If you cancel after a monthly charge, the cancellation takes effect at the end of the billing month you have already paid for. You keep full access until then and are not charged again.

No refunds. Except where the law requires otherwise, charges are non-refundable, and we do not give refunds, credits or prorated amounts for partial months, unused features, unused tokens or downgrades.

Upgrading early. If you choose "Upgrade now" during the trial, the trial ends immediately and the first $299.99 charge is made that day.

Failed payments. If a charge fails, we will notify you by email and retry the charge. While a payment is overdue we may restrict paid features. If payment still cannot be collected after our processor's retry schedule ends, your subscription is cancelled and the account is closed as described in section 13.

Taxes. Prices do not include taxes. You are responsible for sales, use and similar taxes, other than taxes on our income.

5. Price changes

We may change the subscription price. We will email the account owner at least 30 days before a new price takes effect, and the new price applies from the first billing date after that notice period. If you do not agree to the new price, you can cancel before it takes effect.

6. Token packs

Paid subscribers can buy additional AI Assistant tokens in packs of 10,000,000 tokens for $20 each. Token packs are not available during the trial.

Purchased tokens are used only after your monthly allowance is used up, oldest pack first. They roll over from month to month while your subscription is active.

Token packs are non-refundable, have no cash value, cannot be transferred or resold, and are forfeited when your account is cancelled or closed for any reason.

If you turn on automatic top-up, you authorize us to charge your saved payment method $20 for one pack each time your balance falls below the threshold you choose, up to 3 times per billing month. You can turn automatic top-up off at any time in Billing.

7. Usage limits and fair use

Your plan includes the limits published on our Billing page. Currently: during the trial, 50,000 AI tokens, up to 20 CRM leads, and no phone numbers (buying a number or registering it for texting); on the paid plan, phone numbers are available, 10,000,000 AI tokens per billing month and no CRM lead cap. Tokens are counted as input plus output. Unused monthly tokens do not roll over.

When you reach a limit, the related feature pauses until your allowance resets, you buy a token pack (paid plan), or you upgrade (trial). We may change limits with at least 30 days' email notice, unless a change is needed sooner to protect the Service, in which case we will tell you as soon as practical.

We may throttle, suspend or limit usage that is abusive, automated in a way that degrades the Service for others, or intended to get around these limits.

8. The AI Assistant

The AI Assistant generates text and suggestions using third-party AI models. Its output can be inaccurate, incomplete, out of date or inappropriate for your situation.

AI output is not legal, tax, financial, medical or other professional advice. You are responsible for reviewing output before you rely on it or send it to anyone. Do not use the AI Assistant to make decisions that require a licensed professional (for example, legal advice to a client) without that professional's own review.

You are responsible for the prompts and content you submit and for how you use the output.

9. Your data

You own the data and content you and your Authorized Users put into the Service, including CRM records, website content and connected email ("Customer Data").

You give us a limited, non-exclusive license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to comply with law, and as you instruct. For Customer Data we act as your service provider (processor), as described in our Privacy Policy.

We do not use Customer Data to train AI models. Content you send to the AI Assistant is processed by third-party model providers under API terms that do not allow them to use it to train their models.

You can export your CRM data as a CSV file from your account at any time before your access ends.

10. Your responsibilities to your contacts

You are responsible for your messaging and your contacts. In particular, you must:

• obtain and keep any consent the law requires before you send emails, text messages or calls through the Service, including under the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA) and state law, and honor opt-out requests;
• have a lawful basis to collect and store each lead and contact you put in the CRM, and give your contacts any notices the law requires;
• comply with the professional rules that apply to you. For example, law firms remain responsible for client confidentiality, conflicts, and attorney advertising and solicitation rules when using the Service;
• not store protected health information, payment card numbers, Social Security numbers or similar sensitive data in the Service unless we have agreed to it in writing.

11. Acceptable use

You must follow our Acceptable Use Policy. Among other things, you may not send spam, scrape, upload unlawful content, reverse engineer the Service, share credentials, resell the Service, or try to get around usage limits or security controls.

12. Third-party services

The Service works with services we do not control, such as Google, Microsoft, Stripe and Twilio. Your use of those services is governed by their own terms and privacy policies. When you connect an account (for example, Gmail or Outlook), you authorize us to access it as needed to provide the features you turned on. We are not responsible for third-party services or for changes they make that affect the Service.

13. Suspension, termination and your data afterwards

You can cancel at any time as described in section 4.

We may suspend or terminate your access, with notice where practical, if you materially breach these Terms or the Acceptable Use Policy, if payment fails and is not resolved, if required by law, or if your use creates a security or legal risk for us or others.

When your account is closed, access ends for all users, purchased tokens are forfeited, and we keep your Customer Data for 30 days so you can ask us to restore it or export it. After those 30 days we permanently delete it, except for records we must keep by law (such as billing and tax records) and records of the consents you gave us, which we keep to show what was agreed.

14. Service availability

We work to keep the Service available and secure, but we provide it "as is" and "as available." We do not promise any specific uptime unless we have agreed to it in a separate written agreement signed by both of us. We may change, add or remove features; if we remove a core feature you pay for, we will tell you in advance.

15. Disclaimer of warranties

To the fullest extent the law allows, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service or AI output will be accurate, error-free or uninterrupted.

16. Limitation of liability

To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility; and (b) Tesan's total liability for all claims relating to the Service or these Terms is limited to the amount you paid us for the Service in the 12 months before the event giving rise to the claim.

These limits do not apply where the law does not allow them to.

17. Your indemnity

You will defend and indemnify Tesan, its members, employees and agents against third-party claims, and the resulting losses, damages and reasonable legal fees, arising from your Customer Data, your use of the Service in breach of these Terms or the law, or the emails, texts, calls and other messages you send to your contacts through the Service.

18. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

19. Changes to these Terms

We may update these Terms. For material changes we will email the account owner and show a notice in the app before the change takes effect, and we will ask you to accept the updated Terms the next time you sign in. If you keep using the Service after the effective date, you accept the updated Terms. If you do not agree, you can cancel before the effective date.

20. General

These Terms, together with the documents they reference, are the entire agreement between us about the Service. If a provision is unenforceable, the rest stays in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

21. Contact and legal notices

Tesan AI LLC. Legal notices and support: [email protected].