Terms of service

This Terms of Service Agreement ("Terms", "Terms of Service") is a legal agreement between Limen (PTY) Ltd., a company registered in South Africa ("Limen", "we", "us", "our"), which makes Sam, and you, the user of our services ("you", "your" or "User").

1. Agreement to Terms

By accessing or using Sam's website, mobile application, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Sam is an AI-powered productivity and thinking companion that helps you achieve clarity and make meaningful progress. Our Service may include, but is not limited to:

• AI-assisted task management and planning
• Note-taking and knowledge management
• Calendar integration and scheduling assistance
• Personalized insights and recommendations based on your usage patterns

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

3. Account Registration and Security

3.1 Eligibility

You must be at least 18 years of age to use Sam. By creating an account, you represent and warrant that you meet this age requirement.

3.2 Account Responsibilities

• You may register for only one account per person
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized access or security breach
• You may not transfer or share your account with any other person

3.3 Account Termination

We reserve the right to suspend or terminate your account if we reasonably believe you have violated these Terms.

4. Payment and Subscription Terms

4.1 Pricing

Sam operates on a paid subscription model. Current pricing is available on our website and may be subject to change with reasonable notice.

4.2 Billing

• Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan)
• Payment is due immediately upon subscription or renewal
• We use third-party payment processors and do not store your payment card information
• You authorize us to charge your payment method for all fees incurred

4.3 Usage Allowance

Certain subscription tiers include a monthly allowance of Sam (an amount of AI-assisted service). Exceeding your allowance may result in additional charges or temporary service restrictions as outlined in your plan details.

4.4 Refunds

Subscription fees are generally non-refundable except as required by applicable law or at our sole discretion.

4.5 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until that time.

5. Data Ownership and Privacy

5.1 Your Data

You retain all ownership rights to any data, content, or information you provide to Sam ("User Data"). You grant us a limited license to use, store, and process User Data solely for the purpose of providing and improving the Service.

5.2 Data Usage

We process your User Data in accordance with our Privacy Policy. We use your data to:

• Provide personalized AI assistance
• Improve and optimize the Service
• Communicate with you about the Service

5.3 Zero Data Retention (ZDR)

We have implemented Zero Data Retention agreements with our AI model providers. Your conversations and data are not used to train third-party AI models.

5.4 Data Portability and Deletion

• You can request deletion of your account and associated data at any time
• Upon deletion, we will remove your data within 30 days, except as required by law

5.5 Third-Party Integrations

When you connect third-party services (e.g., Google Calendar, Outlook), you authorize us to access and process data from those services in accordance with the permissions you grant. We are not responsible for the privacy practices of third-party services.

6. Acceptable Use Policy

You agree NOT to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any systems or networks connected to the Service
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Use the Service to transmit viruses, malware, or any other malicious code
• Harass, abuse, or harm another person or entity through the Service
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Violate the intellectual property rights, privacy rights, or other rights of third parties
• Use the Service to collect, store, or process sensitive personal information of others without proper authorization
• Scrape, crawl, or use automated means to access the Service without our express written permission
• Resell, sublicense, or otherwise commercialize the Service without our authorization

6.1 AI Service Misuse

You agree NOT to attempt to manipulate, exploit, or misuse Sam's AI capabilities, including but not limited to:

• Jailbreaking or Circumvention: Attempting to bypass, disable, or circumvent safety guardrails, content filters, ethical guidelines, or operational constraints built into the AI assistant
• Prompt Injection Attacks: Using adversarial prompts, role-play scenarios, or other techniques designed to manipulate the AI into behaving contrary to its intended purpose or revealing system instructions
• Harmful Content Generation: Using the Service to generate, request, or attempt to produce:
  • Content that promotes, facilitates, or provides instructions for illegal activities
  • Content depicting or promoting violence, self-harm, or harm to others
  • Hate speech, harassment, or content that demeans individuals or groups
  • Sexually explicit or exploitative content
  • Misinformation deliberately intended to deceive or cause harm
  • Content that violates the rights or safety of minors
• Malicious Use Cases: Using the AI to develop malware, conduct phishing attacks, create spam, or facilitate any form of cybercrime
• Model Exploitation: Attempting to extract, reverse-engineer, or reproduce the AI's training data, system prompts, or proprietary instructions

We reserve the right to monitor AI interactions for safety and abuse detection. Violations of this section may result in immediate account termination and, where applicable, reporting to law enforcement authorities.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

7. Intellectual Property Rights

7.1 Our IP

The Service, including but not limited to its design, functionality, text, graphics, logos, and software, is owned by Limen (PTY) Ltd. and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our express written permission.

7.2 Your IP

You retain ownership of all intellectual property rights in your User Data. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your User Data solely to provide and improve the Service.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

8. Service Availability and Modifications

8.1 Availability

We strive to provide reliable and consistent Service availability. However, we do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Modifications

We reserve the right to modify, update, or discontinue features of the Service at any time. We will attempt to provide reasonable notice of material changes when possible, but are not obligated to do so.

8.3 Beta Features

We may offer beta or pre-release features from time to time. These features are provided "as is" and may contain bugs or errors. We make no warranties regarding beta features and may discontinue them at any time.

9. Disclaimers and Limitation of Liability

9.1 "AS IS" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

9.2 AI Limitations

Sam uses artificial intelligence to provide assistance and recommendations. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS YOU MAKE BASED ON AI-GENERATED CONTENT. We do not warrant the accuracy, completeness, or reliability of any AI-generated content.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LIMEN (PTY) LTD., ITS DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM:

• Your use of or inability to use the Service
• Any decisions made based on AI-generated suggestions or recommendations
• Data loss, corruption, or unauthorized access (though we implement reasonable security measures)
• Service interruptions, errors, or bugs
• Any unauthorized access to or alteration of your transmissions or data
• Third-party conduct or content on the Service

OUR TOTAL LIABILITY FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Limen (PTY) Ltd., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or other proprietary rights
• Your User Data or any content you submit through the Service

11. Account Termination

11.1 Termination by You

You may cancel your account at any time through your account settings or by contacting us at hello@usesam.co. Upon cancellation, you will retain access to your plan until the end of your current billing period, after which your account moves to the Free plan.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our Acceptable Use Policy
• Is harmful to other users, us, or third parties
• Exposes us to legal liability
• Is fraudulent or involves fraudulent use of the Service

11.3 Data Export

Upon termination, you have 30 days to export your User Data. After this period, we may permanently delete your account and all associated data.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

12.2 Jurisdiction

You agree that any legal action or proceeding between you and Limen (PTY) Ltd. shall be brought exclusively in the courts of South Africa, and you consent to the jurisdiction of such courts.

12.3 Informal Resolution

Before filing any formal legal action, you agree to first contact us at hello@usesam.co to attempt to resolve any dispute informally.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may cancel your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Limen (PTY) Ltd. regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14.3 Waiver

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

14.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

14.5 Export Controls

The Service may be subject to export control laws. You agree to comply with all applicable export and re-export control laws and regulations.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, internet failures, or government actions.

15. Contact Information

If you have questions about these Terms, please contact us:

Email: hello@usesam.co Company: Limen (PTY) Ltd. Location: South Africa