Terms & Conditions

These Terms and Conditions (“Terms”) are a legally binding agreement between Buffalo Technology Pte. Ltd., a company incorporated in Singapore (UEN 201811686C) with its registered office at 59 Ubi Avenue 1, #04-20, Singapore 408938 (“Epsilo”), and the person or entity that owns a Workspace (each, a “Customer”, “you”).

By clicking “I Agree”, creating an Account, or accessing or using the Services in any way, you accept these Terms on your own behalf and, if you are acting for a company or other entity, on behalf of that entity, and you represent that you have the authority to bind that entity. If you do not agree to these Terms, do not access or use the Services.

1.1 “Account” means an individual’s registered login credentials used to access the Services. A single Account may be used to create, own, or be granted access to more than one Workspace.

1.2 “Affiliate” means, in relation to a party, any entity that Controls, is Controlled by, or is under common Control with that party.

1.3 “AI Agent” means any automated or AI-assisted feature of the Services that generates recommendations, content, or creative, or that executes actions (including bidding, budget, or campaign changes) on the Customer’s behalf.

1.4 “AI Credits” means the contractual usage credits described in Section 5, including Included AI Credits, Trial AI Credits and Top-Up Credits, used solely to measure and consume eligible AI features within the Services.

1.5 “Applicable Laws” means all laws, regulations, binding regulatory requirements, court orders, and governmental directions applicable to a party, the Services, or the performance of these Terms, including the Personal Data Protection Act 2012 of Singapore (“PDPA”).

1.6 “Authorised User” means an individual, including an Account holder, authorised to access and use the Services within a particular Workspace, whether as that Workspace’s owner or as a user invited to it by the Customer.

1.7 “Billing Cycle” means the monthly or annual billing period selected by the Customer for its Subscription Plan, beginning on the start date of the paid Subscription (including immediately following the end of a Trial Period under Section 4.1) or the corresponding monthly or annual anniversary thereof.

1.8 “Confidential Information” has the meaning given in Section 12.

1.9 “Control” means direct or indirect ownership of more than 50% of the voting rights in an entity, or the power to direct its management or policies.

1.10 “Customer Data” means data, content, and information submitted to, stored in, transmitted through, or generated through the Services by or on behalf of the Customer.

1.11 “Data Intermediary” and “Organisation” have the meanings given in the PDPA.

1.12 “Documentation” means Epsilo’s user documentation for the Services, as updated from time to time and made available at https://epsilo.ai/docs or such other address notified by Epsilo.

1.13 “Executed Ad Spend” means advertising spend executed through the Services on supported Third-Party Platforms connected to a Workspace, as recorded in the Services.

1.14 “High-Risk Advertising Category” means advertising relating to financial products or services, health or medical products or services, insurance products, or political or election-related content.

1.15 “Input” means any data, content, instructions, configurations, or other materials submitted by or on behalf of the Customer to an AI Agent.

1.16 “Output” means content, recommendations, decisions, or other results generated by an AI Agent based on Input.

1.17 “Personal Data” has the meaning given in the PDPA.

1.18 “Pricing Schedule” means Epsilo’s then-current published pricing for the Services, available at https://epsilo.ai/pricing or such other address notified by Epsilo.

1.19 “Seat” means a right for one Authorised User, identified by a unique email address, to access and use the Services within a Workspace. A Seat may not be shared among multiple individuals. Where a Seat is removed, the Customer may reassign that Seat to the same or a different email address, subject to Section 4.2.

1.20 “Services” means Epsilo’s SaaS ad-optimisation and marketing-automation platform, including any AI Agents, made available via https://epsilo.ai, Epsilo’s mobile applications (each, a “Mobile App”), or such other address or application notified by Epsilo, as described in the Documentation. Use of any Mobile App may also be subject to applicable app store terms and requirements, provided that such terms do not replace these Terms as between Epsilo and the Customer, except to the extent required by the applicable app store terms or Applicable Laws.

1.21 “Subscription” means the Customer’s subscription to the Services for a Workspace under a Subscription Plan, including any Trial Period and any paid period.

1.22 “Subscription Fees” means all fees payable by the Customer for the Services, including Workspace Fees, Seat Fees, Execution Fees, and fees for Top-Up Credits, as set out in the Pricing Schedule.

1.23 “Subscription Plan” means the pricing plan selected by the Customer for a Workspace, as described in the Pricing Schedule.

1.24 “Subscription Term” means each monthly or annual period of the Customer’s paid Subscription, as selected by the Customer and corresponding to its Billing Cycle, including each renewal period.

1.25 “Technical Support” means Epsilo’s support services described in Exhibit B.

1.26 “Third-Party Platform” means any third-party advertising, marketplace, or commerce platform (for example, an e-commerce, quick-commerce, social-commerce, or agentic-commerce platform).

1.27 “Workspace” means a distinct subscribed instance of the Services, with its own Subscription Plan, Subscription Fees, billing details, and set of Authorised Users. Each Workspace is a separate Customer relationship under these Terms, regardless of whether the same Account owns, or has access to, more than one Workspace.

1.28 Other Defined Terms. “Trial Period”, “Workspace Fees”, “Seat Fees”, “Execution Fees” and “Usage Month” have the meanings given in Section 4; “Included AI Credits”, “Top-Up Credits”, “Trial AI Credits” and “Auto Top-Up” have the meanings given in Section 5; “Privacy Policy” has the meaning given in Section 6.4; “Feedback” has the meaning given in Section 11.1; “Force Majeure Event” has the meaning given in Section 20.2; and “Business Day” and “Support Hours” have the meanings given in Exhibit B.

2.1 Provision of Services. Epsilo will make the Services available during the Subscription (including any Trial Period) in accordance with these Terms and the Documentation, subject to any applicable exclusions or limitations set out in Exhibit A. Subject to the Customer's compliance with these Terms and payment of any applicable Subscription Fees, Epsilo grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription (including any Trial Period) for its Authorised Users to access and use the Services, including through any Mobile App, solely for the Customer’s internal business purposes and in accordance with these Terms and the Documentation.

2.2 Changes to Services. Epsilo may modify, suspend, or discontinue features or functionality of the Services from time to time, including where reasonably necessary to reflect changes in technology, Applicable Laws, or Third-Party Platforms. Epsilo is not required to maintain any particular feature or functionality of the Services, except as otherwise expressly stated in these Terms.

2.3 Historical Data. The Services may retrieve historical data from connected Third-Party Platforms for a period determined by the Customer’s Subscription Plan, as specified in the Pricing Schedule. The applicable historical data lookback period is measured from the date the relevant Third-Party Platform is connected to the Services.

3.1 Eligibility. The Services are exclusively provided for business purposes and may not be used by individuals under 18 years of age. By registering for, accessing or using the Services, the Customer represents and warrants that it is acting solely in the course of its trade, business or profession and not as a consumer, that it is acquiring and using the Services exclusively for business purposes and not for any personal, domestic or household purpose and that it and its Authorised Users are at least 18 years old. Nothing in these Terms shall exclude or restrict any rights or protections under Applicable Laws which cannot lawfully be excluded or restricted by agreement.

3.2 Account Security. The Customer is responsible for maintaining the confidentiality of its Account login credentials and for all activities under its Account. The Customer must notify Epsilo promptly of any suspected unauthorised use of its Account. Epsilo may suspend, disable, restrict, or require the reset of any Account credentials where Epsilo reasonably determines that this is necessary to protect the security or integrity of the Services, prevent unauthorised access, fraud, abuse, or other security risks, or comply with Applicable Laws.

3.3 Seat Limits. Where the Customer’s Subscription Plan specifies a number of Seats, the Customer’s access is limited to the number of Seats included in its Subscription Plan and any additional Seats purchased under Section 4.2.

3.4 Affiliates. Where the Customer permits any Affiliate to use the Services within the Customer’s Workspace, such use shall be subject to the applicable Seat limits and other restrictions under these Terms, and the Customer remains liable for that Affiliate’s acts and omissions under these Terms. An Affiliate that wants separate billing must create its own separate Workspace.

3.5 Agency Use. Where the Customer is acting on behalf of another person or entity (for example, an agency managing advertising for a brand client), the Customer represents that it is authorised to act on behalf of that person or entity and has obtained all rights, permissions, and consents necessary for its use of the Services and Epsilo’s processing of data in connection with that relationship. The underlying client retains ownership of its own data, and the Customer will indemnify Epsilo in accordance with Section 14.1(c).

3.6 User Notices and Consents. The Customer is responsible for obtaining all notices, consents, and authorisations required under Applicable Laws from its own Authorised Users for administrator visibility into, and Epsilo’s access to, the Workspace’s activity, content, and usage logs.

4.1 Workspace Fees and Trials. Workspace fees (“Workspace Fees”) are recurring Subscription Fees for each Workspace, charged in advance for each Billing Cycle on a monthly or annual basis as selected by the Customer, at the rate for the Customer’s selected Subscription Plan as set out in the Pricing Schedule. Epsilo may offer a complimentary trial period for eligible Subscription Plans and customers (a “Trial Period”), for the duration and subject to the eligibility requirements, allowances and other conditions specified in the Pricing Schedule or Documentation. Any Trial Period precedes the commencement of the Customer’s paid Subscription under the Subscription Plan and Billing Cycle selected by the Customer.

The Customer may cancel the Subscription at any time before the end of the Trial Period to prevent the Subscription from converting to a paid Subscription. If the Customer cancels during the Trial Period, the Customer may continue to use the Services until the end of the Trial Period, after which the Subscription will expire without converting to a paid Subscription and Section 19.5 will apply. If the Customer does not cancel before the end of the Trial Period, the Customer’s paid Subscription will commence automatically on the day immediately following the last day of the Trial Period, and Workspace Fees will be charged in accordance with Section 4.4.

4.2 Seat Fees. Each Workspace includes a number of Seats depending on the Customer’s selected Subscription Plan, as set out in the Pricing Schedule. Where the applicable Subscription Plan permits additional Seats, the Customer may purchase additional Seats, the fees for which (“Seat Fees”) will be charged at the rate set out in the Pricing Schedule and will follow the same Billing Cycle as the applicable Workspace. Each additional Seat will continue to be charged for each subsequent Billing Cycle until the Seat is removed in accordance with this Section 4.2. Where an additional Seat is added during a Billing Cycle, the Seat Fee will be charged on the date the Seat is added and prorated for the remainder of the then-current Billing Cycle, and thereafter charged at the applicable full rate at the commencement of each subsequent Billing Cycle. For an annual Billing Cycle, the prorated Seat Fee will be calculated based on the remaining portion of the then-current annual Billing Cycle.

Seat removals take effect for billing purposes from the commencement of the next Billing Cycle, provided the applicable Seat is removed before that Billing Cycle begins. No refund or credit will be provided for any Seat Fee already paid for a Billing Cycle that has commenced, except where required by Applicable Laws. Where a Seat has been removed during a Billing Cycle for which the Seat Fee has already been paid, the Customer may add a Seat for the same or a different email address during the remainder of that Billing Cycle without incurring an additional Seat Fee.

Seats added during a Trial Period are subject to the allowances and fees (if any) set out in the Pricing Schedule. If the Subscription converts to a paid Subscription after the Trial Period, each additional Seat will be charged at the applicable full rate from the first Billing Cycle.

4.3 Execution Fees. Each Workspace includes a monthly Executed Ad Spend cap, as specified for the Customer’s Subscription Plan in the Pricing Schedule. The cap applies to each monthly period beginning on the first day of the then-current Billing Cycle or the corresponding monthly anniversary thereof (each, a “Usage Month”), regardless of whether the Customer’s Billing Cycle is monthly or annual. Any unused portion of the cap expires at the end of each Usage Month and does not carry over.

Fees for Executed Ad Spend in excess of the cap for a Usage Month (“Execution Fees”) are charged at the rate set out in the Pricing Schedule. For the avoidance of doubt, the cap is not a limit on the amount of Executed Ad Spend that the Customer may incur, and Epsilo will not be required to block or suspend advertising activity solely because the cap has been exceeded.

Epsilo determines Executed Ad Spend based solely on data recorded in the Services at the time the applicable Execution Fees are calculated, which is used to calculate the applicable Execution Fees. Execution Fees will not be adjusted for any subsequent changes reported by a Third-Party Platform, except where such adjustment is necessary to correct a manifest calculation error, duplicate charge or system error attributable to Epsilo, or as otherwise required by Applicable Laws. Epsilo shall maintain reasonably sufficient records of the calculation to enable the Customer to raise a billing dispute under Section 4.11.

Where Executed Ad Spend is incurred in a currency other than US Dollars, it will be converted into US Dollars for the purpose of calculating Execution Fees using the exchange rate source and methodology set out in the Documentation as applicable at the time of calculation and notified in accordance with Section 4.7 where materially changed. Where the applicable fees are charged in a currency other than US Dollars, as set out in the Pricing Schedule, the Execution Fees calculated in US Dollars will be converted into that currency using the exchange rate source and methodology set out in the Documentation.

4.4 Billing and Payment. By providing a payment method, the Customer authorises Epsilo and its payment processor to automatically charge that payment method for all amounts due under these Terms, including Subscription Fees and applicable taxes. Subscription Fees are charged as follows: (a) Workspace Fees, in advance on the date the paid Subscription begins (including immediately following the end of any Trial Period under Section 4.1) and at the commencement of each subsequent Billing Cycle; (b) Seat Fees, in accordance with Section 4.2; (c) Execution Fees, at such times and billing thresholds as specified in the Pricing Schedule or Documentation, and in any event immediately after the end of each Usage Month for any remaining uncharged Execution Fees; and (d) fees for Top-Up Credits, at the time of purchase.

4.5 Payment Failure. Top-Up Credits are issued only once payment is successfully completed. If the charge fails, no Top-Up Credits will be added (see also Section 5.4 for Auto Top-Up).

If an automatic charge for any other amount due under these Terms fails or is declined, Epsilo will notify the Customer and may retry the charge. If the amount remains unpaid seven (7) calendar days after the original due date, Epsilo may suspend access to the applicable Workspace until it is paid in full, and will restore access as soon as reasonably practicable after successful receipt of payment. If the amount remains unpaid thirty (30) calendar days after the original due date, Epsilo may terminate the applicable Subscription immediately by written notice. Epsilo may withhold activation of any new paid Subscription, Seat or other paid feature pending successful payment. Any suspension or termination under this Section 4.5 will not relieve the Customer of its obligation to pay any outstanding amounts accrued under these Terms.

4.6 No Set-Off. The Customer may not withhold, set off, or deduct any amount from payments due under these Terms.

4.7 Changes to Fees. Epsilo may revise Subscription Fees from time to time by giving reasonable notice to the Customer. The notice will specify the effective date and, where applicable, how the revised fees will apply. Any revision will apply prospectively only and will not affect fees already paid or transactions or usage incurred before the applicable effective date. This does not limit Epsilo’s right to adjust fees or charges where required to reflect changes in Applicable Laws, taxes, or regulatory requirements. For any prepaid Subscription Term, revised fees will apply only from the next renewal of that Subscription Term. Any change to the Documentation that materially affects the calculation of Subscription Fees will be notified to the Customer in accordance with this Section 4.7.

4.8 Chargebacks. The Customer agrees to raise any dispute concerning a charge with Epsilo under Section 4.11 before initiating any chargeback or payment reversal. Initiating a chargeback without first doing so constitutes a breach of these Terms. A chargeback or reversal of a card payment that Epsilo reasonably believes was validly charged may result in the immediate suspension of the affected Workspace pending review. Epsilo will review the chargeback or reversal and may reinstate access once the matter is resolved. The Customer remains responsible for the underlying amount and any chargeback fees and reasonable costs incurred by Epsilo in connection with the chargeback, to the extent permitted by Applicable Laws.

4.9 Obvious Errors. Obvious pricing, calculation, or typographical errors in these Terms, the Pricing Schedule, or an invoice do not bind Epsilo, and Epsilo may correct such an error even after an invoice has been issued or paid.

4.10 Taxes. All Subscription Fees are exclusive of applicable taxes (for example, GST or VAT), which are the Customer’s responsibility. Applicable taxes may be added to the amounts payable by the Customer based on the Customer’s and any direct beneficiary’s location, GST or other tax-registration status, the nature and place of supply, and such other information as Epsilo reasonably determines is relevant under Applicable Laws. Where Applicable Laws require Epsilo to collect, charge, or remit any tax in connection with the Services, Epsilo will charge the applicable tax to the Customer and remit it to the relevant tax authority. The Customer must pay all amounts due to Epsilo without withholding or deduction for any taxes. If Applicable Laws require the Customer to make any withholding or deduction from any amount payable to Epsilo (including any withholding tax on cross-border payments), the Customer must make such withholding or deduction and pay the relevant amount to the applicable tax authority. The amount payable to Epsilo will be increased to the extent necessary so that Epsilo receives, after such withholding or deduction, the same amount that it would have received had no withholding or deduction been required. Epsilo may charge any such additional amount to the Customer’s payment method on file, subject to applicable payment processing requirements. If such charge is unsuccessful, the Customer remains responsible for paying the outstanding amount in accordance with these Terms. The Customer must provide Epsilo, upon request, with reasonable evidence of the withholding or deduction and payment to the relevant tax authority. The Customer must provide accurate and current information reasonably requested by Epsilo for determining the applicable tax treatment. The Customer is solely responsible for the accuracy and completeness of all billing, entity, and tax information it provides, including its legal name, billing address, country, and tax-registration details. The Customer may update such information through the Services at any time. Any subsequent change to such information will generally apply only to invoices issued after the change. Epsilo is not required to amend such information, or to reissue any previously issued invoice solely at the Customer’s request, except where required by Applicable Laws or where Epsilo determines that an amendment or correction is reasonably necessary to correct an error. Where any amendment, credit note, replacement invoice or other adjustment is required under Applicable Laws, Epsilo may make such correction or adjustment in the manner required or permitted by Applicable Laws. The Customer bears any taxes, penalties, costs, or losses arising from inaccurate, incomplete, or outdated information it provides, except to the extent resulting from Epsilo’s failure to comply with Applicable Laws.

4.11 Billing Disputes. The Customer must notify Epsilo in writing of any good-faith dispute concerning a charge within sixty (60) calendar days after the date of the applicable charge and provide reasonable supporting details. If the Customer does not notify Epsilo within that period, the charge will be deemed final and accepted by the Customer, except to the extent otherwise required by Applicable Laws.

4.12 Collection Costs. The Customer is responsible for reasonable costs and expenses incurred by Epsilo in recovering overdue amounts, including reasonable legal and collection costs, to the extent permitted by Applicable Laws.

4.13 Plan Changes. The Customer may upgrade its Subscription Plan or Billing Cycle at any time, and the upgrade takes effect immediately. A downgrade takes effect at the end of the then-current Billing Cycle. The treatment of Subscription Fees, Execution Fees, AI Credits, and the Executed Ad Spend cap upon a Subscription Plan change, including any applicable credits, will be applied as set out in the Documentation.

5.1 Nature of AI Credits. AI Credits are a limited, revocable, non-transferable, non-monetary contractual right to access and consume eligible AI features of the Services. AI Credits are not money, a deposit, stored value, securities, property, or any form of e-money or payment instrument, have no cash value, and are non-refundable except as expressly stated in these Terms. Epsilo does not act as a custodian or fiduciary of any value in connection with AI Credits. AI Credits are made available solely by Epsilo, may be used only within the Services, and cannot be redeemed, exchanged, or used with any third party, including any third-party AI model provider that Epsilo uses to deliver AI features.

5.2 Types and Validity. AI Credits comprise: (a) AI Credits allocated as part of the Customer’s Subscription Plan (“Included AI Credits”), refreshed at the start of each Usage Month, regardless of whether the Billing Cycle is monthly or annual, valid only during that Usage Month and expiring unused at the end of that Usage Month; and (b) AI Credits purchased on demand (“Top-Up Credits”) at the rate set out in the Pricing Schedule, valid for twelve (12) months from the date of purchase, after which any unused Top-Up Credits expire, subject to Section 5.7. Any AI Credits allocated for a Trial Period (“Trial AI Credits”) are valid only during the Trial Period and expire unused at the end of the Trial Period. Top-Up Credits purchased during a Trial Period remain valid after the Subscription converts to a paid Subscription, for the period set out in this Section 5.2.

5.3 Order of Consumption. AI Credits are consumed in the following order: Included AI Credits (or, during a Trial Period, any Trial AI Credits) first, then Top-Up Credits. The amount of AI Credits consumed by a given action depends on the feature, model, and data volume involved, as determined by Epsilo and reflected in the Customer’s AI Credit balance in the Services.

5.4 Auto Top-Up. The Customer may enable the automatic purchase of Top-Up Credits (“Auto Top-Up”), subject to any spending cap it configures. If an Auto Top-Up payment fails, no Top-Up Credits will be added and Epsilo will notify the Customer promptly. If AI Credits are exhausted, including where Auto Top-Up fails, is unavailable or is disabled, AI-Credit-consuming features may be paused until the Customer purchases more AI Credits or its next allocation refreshes. This does not affect the Customer’s access to the rest of the Services.

5.5 Non-Transferability. AI Credits are non-transferable. Any purported sale, transfer, or trade of AI Credits is void and may result in suspension or termination of the affected AI Credit functionality or Subscription in accordance with these Terms.

5.6 Complimentary Credits. Complimentary or promotional AI Credits, including any Trial AI Credits, have no cash value and do not entitle the Customer to any refund, credit, or reduction of fees otherwise payable, except as otherwise required by Applicable Laws.

5.7 Expiry or Termination. Upon expiry or termination of the applicable Subscription, all unused AI Credits will immediately expire and be forfeited without refund, except to the extent otherwise required by Applicable Laws.

6.1 Ownership of Customer Data. As between the parties, the Customer owns all right, title, and interest in Customer Data. The Customer is solely responsible for the legality, accuracy, and completeness of Customer Data and for obtaining all consents and authorisations needed for Epsilo to process it as described in these Terms and the Privacy Policy.

6.2 Customer Data Licence. The Customer grants Epsilo a worldwide, non-exclusive, royalty-free licence during the Subscription (including any Trial Period) and any applicable administrative period following expiry or termination under these Terms to host, copy, transmit, display, modify, and otherwise process Customer Data solely as necessary to provide, operate, secure, support, and maintain the Services, administer the Workspace, administer billing and Accounts, prevent fraud and abuse, enforce these Terms, and comply with Applicable Laws. To the extent Epsilo retains limited copies of Customer Data after that period as permitted under Section 19.5, Epsilo may retain and process those copies solely for the applicable legal, backup, security, compliance, or record-retention purposes. Epsilo’s use of anonymised and aggregated information derived from Customer Data, and of Customer configurations, is governed separately by Sections 6.3 and 10.2.

6.3 Aggregated Data. Epsilo may use anonymised and aggregated information derived from Customer Data for analytics, benchmarking, service improvement, product development, and training or improving machine learning and AI models, provided that such information does not identify, and cannot reasonably be used to identify, the Customer or any individual.

6.4 Privacy Policy. Epsilo maintains a standalone privacy policy (the “Privacy Policy”), available at https://epsilo.ai/privacy-policy, describing how Personal Data is collected, used, disclosed, and protected. The Privacy Policy, together with any applicable data processing terms agreed between the parties or incorporated into these Terms, forms part of these Terms by reference.

6.5 Personal Data Processing. To the extent Epsilo processes Personal Data in connection with the Services, Epsilo may process such Personal Data for the purposes set out in Section 6.2 and the Privacy Policy. Epsilo acts as a Data Intermediary in respect of Personal Data contained in Customer Data processed on the Customer’s behalf, and as an Organisation in respect of Personal Data it processes for its own account administration, billing, security and legal compliance purposes. Where Epsilo acts as a Data Intermediary, it shall process such Personal Data in accordance with the Customer's documented instructions, including these Terms and the Customer's configurations, except where otherwise required by Applicable Laws, and shall comply with its applicable obligations under the PDPA, including implementing reasonable security arrangements to protect Personal Data and complying with applicable retention requirements. Each party shall remain responsible for its respective obligations under Applicable Laws. Where reasonably required by Applicable Laws or the nature of the processing activities, the parties shall enter into additional data processing terms governing such processing.

6.6 International Data Transfers. Personal Data may be accessed, transferred, processed, or stored in jurisdictions where Epsilo, its Affiliates, or its service providers operate or maintain infrastructure. Epsilo may use its Affiliates, third-party service providers, and infrastructure providers to process Personal Data in connection with the Services, subject to Applicable Laws. Any transfer of Personal Data outside Singapore by Epsilo will be made in accordance with the PDPA and other Applicable Laws. Where required under the PDPA, Epsilo shall take appropriate steps to ensure that overseas recipients are bound by legally enforceable obligations to provide a standard of protection comparable to that under the PDPA, unless an applicable exception applies. The Customer is responsible for complying with any data protection laws applicable to it in respect of Personal Data contained in Customer Data, including in relation to cross-border transfers, and Epsilo will provide reasonable assistance on request, subject to reimbursement of reasonable costs where such assistance falls outside the ordinary scope of the Services. For the avoidance of doubt, nothing in this Section 6.6 excludes either party's obligations under any data protection laws directly applicable to that party.

6.7 Sensitive Information. The Services are not designed to process highly sensitive personal information, including health information, financial account information, or government identification information beyond what is ordinarily needed for billing. The Customer must not upload or process such sensitive information through the Services, and Epsilo will not be liable for Customer Data uploaded in breach of this Section 6.7, except to the extent that such liability cannot lawfully be excluded under Applicable Laws.

7.1 Output. Output (including answers, analytics, recommendations, creative, bid, and budget decisions) is provided on an informational and automated basis. The Customer is solely responsible for reviewing and deciding whether to rely on, publish, or act on Output, and Epsilo does not guarantee its accuracy, completeness, or suitability for any purpose. Output may be generated using Customer Data and aggregated or de-identified data, and may be generated through third-party AI models.

7.2 Automated Actions. Any action executed by the Services under rules, settings, or configurations made by the Customer (including auto-bidding, programmatic rules, and automation) is deemed taken at the Customer’s direction. Where the Customer creates, enables or approves an automated rule, schedule or configuration, such approval constitutes the Customer’s authorisation for subsequent actions automatically executed in accordance with that rule, schedule or configuration without further approval for each individual execution. The Customer is responsible for the consequences of those actions, including resulting marketplace or advertising spend, except to the extent directly caused by Epsilo’s failure to apply the applicable rule, setting or configuration as configured by the Customer. For the avoidance of doubt, Epsilo is not responsible for any advertising spend resulting from budgets, bids, spend limits or other settings entered, changed or approved by the Customer or its Authorised Users, including where such spend exceeds the Customer’s intended or expected level, except to the extent directly caused by Epsilo's failure to execute the applicable settings as configured by the Customer, in which case Epsilo's liability shall be subject to Section 16.

7.3 Rights in Input and Output. As between the parties, the Customer retains all rights it may have in the Input it submits through the Services and, subject to any rights of third parties and Applicable Laws, Epsilo assigns to the Customer any rights Epsilo may have in the Output generated for the Customer by an AI Agent. Output may not be unique to the Customer and similar Output may be generated for other customers facing similar Inputs.

7.4 Acceptable AI Use. The Customer must not: use Output to develop or train a competing product or model; misrepresent AI-generated content as solely human-generated where that would be materially misleading; or use the AI Agents to generate unlawful, deceptive, or spam content. Where the Customer uses the AI Agents for advertising in a High-Risk Advertising Category, the Customer must comply with Section 7.7 and all Applicable Laws.

7.5 Likeness and Identification. The Customer must not use any AI-generated image or video feature of the Services to identify an individual, infer private or sensitive information about a person, or reproduce a person’s likeness, without that person’s express consent and all necessary rights.

7.6 Third-Party AI Models. Any downtime or degraded performance of an AI Agent caused by a failure of a third-party AI model provider is excluded from any availability-related obligations of Epsilo under these Terms. Epsilo is not responsible for errors or inaccuracies in Output generated by a third-party AI model provider, subject to Applicable Laws.

7.7 Human Review and Disclosure. Where the Customer advertises in a High-Risk Advertising Category and uses an AI Agent to auto-generate creative or auto-execute bidding or budget decisions for that advertising, the Customer must ensure a qualified human reviews the content or decision before it is disseminated or finalised, and must disclose to any end audience, where required by Applicable Laws, that AI was used to generate or select the content shown to them.

8.1 Third-Party Platforms. The Customer may connect the Services to Third-Party Platforms and exchange data with those platforms. By connecting a Third-Party Platform to the Services, the Customer authorises Epsilo to access and exchange data with that Third-Party Platform and, where enabled by the Services, to take actions on the Customer’s behalf in accordance with the Customer’s configuration and instructions. The Customer’s use of any Third-Party Platform remains subject to the applicable terms and policies of that third party. Epsilo is not a party to, and is not responsible for, the Customer’s relationship with any Third-Party Platform.

8.2 Advertising Spend. The Customer, not Epsilo, is responsible for paying the relevant Third-Party Platform for actual advertising spend executed on the Customer’s behalf. Epsilo charges only the Execution Fees described in Section 4.3 and does not hold, guarantee, or advance advertising spend funds unless separately agreed in writing.

8.3 Availability of Integrations. Epsilo does not control and is not responsible for the availability, accuracy, or security of any Third-Party Platform, and may modify, suspend, or discontinue an integration where the relevant Third-Party Platform changes, restricts, or withdraws the access needed to provide it, without liability to the Customer.

8.4 Onward Data Use. Epsilo is not responsible for any subsequent use, storage, handling, or processing of Customer Data by any Third-Party Platform after such Customer Data has been transmitted to or made available to that Third-Party Platform.

9.1 Customer Obligations. The Customer will: (a) provide Epsilo the co-operation and access reasonably needed to provide the Services; (b) comply with all Applicable Laws in connection with its use of the Services; (c) ensure its Authorised Users comply with these Terms and remain responsible for their breaches; (d) promptly implement security updates and configurations Epsilo reasonably recommends, where reasonably practicable; (e) be responsible for all transactions and instructions made through its Workspace by any Authorised User; and (f) keep all advertising, marketplace, and other third-party accounts connected to the Services accurate, complete, and up to date.

9.2 Restrictions. The Customer will not, and will not permit any third party to: reverse engineer, decompile, or disassemble the Services; use the Services to build a competing product; sell, resell, sublicense, rent, or lease the Services; use the Services on behalf of, or to provide services to, any third party except as permitted under Section 3.5; share any Account login credentials among multiple individuals, or otherwise allow more individuals to access a Workspace than the number of Seats available to that Workspace (whether included in the Subscription Plan or purchased); access or extract data from the Services by any automated means (including scraping, bots, or scripts) other than through interfaces made available by Epsilo, or use the Services in a way that exceeds any usage limits or places an unreasonable load on Epsilo’s systems; introduce any virus or vulnerability into Epsilo’s systems; circumvent any access or security control; publish benchmark or performance comparisons of the Services without Epsilo’s prior written consent; or conduct security or penetration testing without Epsilo’s prior written authorisation.

9.3 Export Compliance. The Customer represents that it is not, and its Authorised Users are not, named on any applicable government restricted-party or sanctions list (including the US OFAC SDN List or BIS Denied Persons/Entity List), is not located in a country or region subject to comprehensive trade sanctions, and will comply with all applicable export control and sanctions laws in its use of the Services.

9.4 Customer Inputs and Actions. All information, selections, settings, configurations, and instructions entered, chosen, or submitted, and all actions taken, in or through the Customer’s Workspace by the Customer or any Authorised User (including Subscription Plan and Seat selections, connected accounts, campaign, budget, and bidding settings, and approvals of AI Agent actions) are the Customer’s sole responsibility, and Epsilo may rely on them as accurate, complete, and authorised. The Customer may not require Epsilo to amend, reverse, or correct any such information, selection, or action on its behalf. Epsilo may, at its sole discretion, consider a request to do so, but has no obligation to make any amendment, reversal, or correction except as required under Applicable Laws. To the fullest extent permitted by Applicable Laws, Epsilo will not be liable for any loss arising from any such information, selection, or action or from its decision not to make a change, except to the extent directly resulting from Epsilo’s failure to implement the Customer’s information, selection or instruction as submitted through the Services. Notwithstanding Section 4.11, the Customer may not dispute any charge to the extent it results from any such information, selection, or action, except to the extent the charge results from an error in the Services.

10.1 Epsilo IP. Except for the rights granted in these Terms, all right, title, and interest in the Services and Documentation, including any AI Agent, model, or methodology used to provide them, remains solely with Epsilo and its licensors. These Terms grant the Customer no rights in Epsilo’s trademarks, trade names, or other intellectual property except as expressly stated.

10.2 Customer Configurations. If the Customer submits or shares any custom AI Agent configuration, automation rule, or campaign template within the Services, the Customer retains its rights in the Customer-specific content and configuration it provides. This does not transfer to the Customer any rights in the Services, Epsilo’s underlying technology, functionality, models, methodologies, templates, or other Epsilo or third-party intellectual property. Epsilo may use such configurations to operate, maintain, secure, support, improve, and develop the Services, and may reuse generalised, anonymised, or templated elements that do not identify the Customer or disclose the Customer’s Confidential Information. Epsilo may showcase such configurations with the Customer’s consent for attribution, and may remove a configuration that violates these Terms.

11.1 Feedback. Any feedback, suggestions, or feature requests (“Feedback”) the Customer or its Authorised Users provide about the Services become Epsilo’s property to the fullest extent permitted by Applicable Laws. To the extent that any intellectual property rights in the Feedback do not automatically vest in Epsilo, the Customer hereby assigns, and will procure the assignment of, all right, title and interest in and to such Feedback and all intellectual property rights subsisting therein to Epsilo. Epsilo may use, develop, modify, incorporate, commercialise, disclose and otherwise exploit the Feedback for any purpose without restriction, attribution or compensation to the Customer or any other person.

12.1 Definition. “Confidential Information” means non-public information disclosed by either party that is identified as confidential or should reasonably be understood to be confidential given its nature, including Customer Data (as the Customer’s Confidential Information), the Services’ features and performance, and any confidential information of third parties (including third-party AI model providers) that either party discloses to the other. It excludes information that is or becomes public other than through breach, was already known to the recipient, is independently developed, or is rightfully received from a third party.

12.2 Obligations. Each party will use the other’s Confidential Information only to perform these Terms, protect it with reasonable care, and share it only with representatives bound by confidentiality obligations at least as protective as these Terms. A party required by law to disclose Confidential Information will, where legally permitted, give the other party advance notice and take into account its reasonable requests regarding the disclosure.

12.3 Return or Destruction. Upon request following expiry or termination, each party will delete or destroy the other party’s Confidential Information, subject to any retention required or permitted under Applicable Laws or standard backup, security or compliance practices. Any Confidential Information so retained shall remain subject to the confidentiality obligations under this Section 12 for as long as it is retained. Customer Data will be handled solely in accordance with Section 19.5, and Epsilo has no obligation to return it, except to the extent otherwise required by Applicable Laws.

13.1 Publicity. Neither party may use the other’s name, logo, or trademarks, or otherwise publicly reference the business relationship, without the other’s prior written consent, except that the Customer grants Epsilo permission to identify the Customer as a customer of Epsilo and to use the Customer’s name and logo on its website, customer list and marketing materials. The Customer may opt out of such use at any time by written notice to [email protected], following which Epsilo will cease such use within a reasonable period.

14.1 By the Customer. The Customer will defend, indemnify, and hold harmless Epsilo and its officers, employees, agents, and contractors against claims, losses, damages, and reasonable legal costs arising from: (a) the Customer’s breach of these Terms or Applicable Laws (including the PDPA); (b) Customer Data or advertising or campaign content (including Output published on the Customer’s behalf) infringing a third party’s intellectual property, privacy, or other rights, being unlawful or deceptive, or breaching a Third-Party Platform’s policies; or (c) the Customer’s use of the Services on behalf of a third party under Section 3.5, including any dispute over the Customer’s authority, permissions, or data handling.

14.2 By Epsilo. Epsilo will defend the Customer against a third-party claim that the Customer’s authorised use of the Services, as provided by Epsilo and used in accordance with these Terms and the Documentation, infringes a third party’s intellectual property rights, and will indemnify the Customer for any final damages awarded by a court or settlement amounts agreed by Epsilo in connection with such claim. This obligation does not apply to the extent the claim arises from: (a) modification of the Services by anyone other than Epsilo; (b) use of the Services other than in accordance with these Terms or the Documentation; (c) the Customer’s content, data, instructions, or configurations; (d) combination of the Services with products, services, software, or data not provided by Epsilo; or (e) use of the Services after Epsilo has notified the Customer to discontinue such use due to the applicable infringement claim. If such a claim is made or appears likely, Epsilo may, at its option, (i) procure for the Customer the right to continue using the affected Services, (ii) modify or replace the affected Services so they are no longer infringing, or (iii) discontinue the affected Services. Epsilo’s obligations under this Section are subject to Section 16 and constitute the Customer’s sole and exclusive remedy for third-party intellectual property infringement claims relating to the Services.

14.3 Indemnification Procedure. The indemnified party must give prompt notice of a claim, allow the indemnifying party to control the defence and settlement, and provide reasonable co-operation at the indemnifying party’s expense. The indemnifying party may not settle any claim in a manner that admits liability by, imposes any non-monetary obligation on, or materially prejudices the indemnified party without the indemnified party’s prior written consent.

15.1 Disclaimer. The Services and any Output are provided “as is” and “as available”. Epsilo does not warrant that the Services will be uninterrupted, error-free, or fully secure, that any Output will be accurate or fit for a particular purpose, or that the Services will be compatible with every third-party system. To the fullest extent permitted by Applicable Laws, all other warranties, whether express, implied, or statutory, are excluded.

16.1 Unlimited Liability. Nothing in these Terms excludes or limits either party’s liability for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be excluded or limited under Applicable Laws.

16.2 Excluded Losses. Subject to Sections 16.1 and 16.4, neither party is liable for any loss of profits, loss of business, loss of goodwill, loss, corruption or destruction of data, or any indirect, special, or consequential loss arising out of or in connection with these Terms.

16.3 Liability Cap. Subject to Sections 16.1 and 16.4, each party’s total aggregate liability arising out of or in connection with these Terms, however arising, is limited to the total Subscription Fees paid or payable by the Customer during the twelve (12) months immediately preceding the first event giving rise to the liability, or where the Subscription has been in effect for less than twelve (12) months, the fees paid or payable during that period, or, if greater, one hundred US Dollars (USD 100). For the avoidance of doubt, this limitation applies in the aggregate to all claims arising out of or in connection with the applicable Workspace and is subject to any restrictions on the exclusion or limitation of liability under Applicable Laws.

16.4 Exceptions to Cap. The exclusions and limitations of liability under Sections 16.2 and 16.3 do not apply to: (a) the Customer’s payment obligations; (b) the Customer’s indemnification obligations under Section 14; or (c) the Customer’s breach of Section 12 (Confidentiality).

16.5 Claim Period. Except to the extent prohibited by Applicable Laws, any claim by the Customer arising out of or in connection with these Terms or the Services must be brought within six (6) months after the date on which the event giving rise to the claim occurred.

17.1 General Suspension. In addition to Section 4.5 (Payment Failure) and Section 4.8 (Chargebacks), Epsilo may suspend the Customer’s access to all or part of the Services, with notice where practicable, where: (a) required by a governmental, judicial, or regulatory authority; (b) the Customer’s use creates or is reasonably suspected to create a security risk, legal exposure, or risk of harm to Epsilo, other customers, or the Services; (c) the Customer materially breaches these Terms, including Sections 6, 7, 9, or 12, or otherwise uses the Services in a manner that violates these Terms; or (d) a Third-Party Platform requires suspension or withdraws access needed to provide the Services. Suspension does not relieve the Customer of any payment obligations, extend the Subscription Term, or entitle the Customer to any refund or credit, except where expressly provided in these Terms.

18.1 Content Review. Epsilo may review content where reasonably necessary, and may remove or refuse to publish any Customer content or Output that Epsilo reasonably believes violates Applicable Laws, these Terms, or a third party’s rights. Epsilo has no obligation to monitor content by default. Where appropriate, Epsilo may also suspend the affected Workspace or Services in accordance with Section 17.

18.2 IP Complaints. If a third party notifies Epsilo of a good-faith claim that Customer content infringes its intellectual property rights, Epsilo may remove or disable the content pending resolution and will notify the Customer where practicable. A Customer that repeatedly violates third-party rights may have the affected Workspace or Subscription suspended or terminated in accordance with Section 17 or Section 19.

19.1 Term and Renewal. These Terms become effective upon acceptance by the Customer in respect of a Workspace and remain in effect until the applicable Subscription expires or is terminated in accordance with these Terms. Unless the Customer cancels the applicable Subscription in accordance with Section 19.3 or the Subscription is otherwise terminated under these Terms, the Subscription will automatically renew for successive Subscription Terms of the same length as the then-current Subscription Term, subject to any downgrade under Section 4.13 and any revision of fees under Section 4.7. If the Subscription is not renewed, Section 19.5 will apply.

19.2 Epsilo Termination Rights. Epsilo may terminate the Customer’s Subscription and, upon the effective date of termination, end the Customer’s right to access and use the Services and the applicable Workspace:

(a) if the Customer materially breaches these Terms and fails to cure the breach within thirty (30) calendar days after receiving written notice of the breach, or if the breach is incapable of cure or the Customer has committed a substantially similar material breach more than once during the preceding twelve (12) months;

(b) immediately by written notice if:

(i) continued provision of the Services would violate Applicable Laws or a binding direction of a regulator;

(ii) a Third-Party Platform withdraws, restricts, or materially changes access necessary for Epsilo to provide a material part of the Services, and Epsilo reasonably determines that no commercially reasonable alternative is available;

(iii) the Customer’s use of the Services creates a material security, legal, or operational risk to Epsilo, the Services, or other customers;

(iv) Epsilo reasonably determines that continued provision of a material part of the Services would infringe or expose Epsilo to a material risk of infringement of a third party’s intellectual property rights, and the matter cannot reasonably be resolved through modification, replacement, or discontinuation of the affected Services; or

(v) any amount remains unpaid as described in Section 4.5.

19.3 Customer Cancellation. The Customer may cancel the Subscription at any time by notice to Epsilo or through the cancellation function in the Services, with such cancellation taking effect at the end of the then-current Subscription Term (or, during a Trial Period, at the end of the Trial Period in accordance with Section 4.1). The Customer remains responsible for all fees and other payment obligations accrued through the effective date of cancellation, including any Execution Fees incurred but not yet calculated or charged as at that date, and no refund will be provided for any fees paid or payable in respect of a Billing Cycle that has already commenced, except where required by Applicable Laws.

19.4 Effect of Expiry or Termination. Upon expiry (including following cancellation under Section 19.3) or termination of these Terms or the applicable Subscription for any reason:

(a) the Customer’s right to access and use the expired or terminated Subscription and the applicable Workspace will cease immediately, and all accrued and unpaid amounts payable by the Customer will become immediately due and payable, including any Execution Fees incurred before the effective date of expiry or termination but calculated or charged thereafter;

(b) the Workspace will be handled in accordance with Section 19.5;

(c) expiry or termination will not relieve the Customer of any fees or other payment obligations accrued before the effective date of expiry or termination, and any fees paid before expiry or termination are non-refundable except as expressly provided in these Terms, as required by Applicable Laws, or as otherwise determined by Epsilo;

(d) all unused AI Credits will be treated in accordance with Section 5.7; and

(e) provisions that by their nature are intended to survive expiry or termination will survive, including provisions relating to payment obligations, intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution.

19.5 Workspace Closure and Archive. When the Subscription expires without renewal (including following cancellation under Section 19.3, or at the end of a Trial Period that does not convert to a paid Subscription) or is terminated, the Customer’s right to access and use the Workspace will end immediately. Epsilo may retain the inactive Workspace for up to seven (7) calendar days after such expiry or termination solely for administrative and operational purposes. During this period, the Customer will not have access to the Workspace or Customer Data, and the Workspace will not be available for use or synchronisation with Third-Party Platforms. After this seven-day period, Epsilo will archive the Workspace. The Customer may request restoration of an archived Workspace by contacting [email protected] within thirty (30) calendar days after such expiry or termination. Epsilo may restore the Workspace at its discretion, subject to payment of any outstanding and applicable Subscription Fees, and does not guarantee the availability or completeness of any Customer Data following archive. After this thirty-day period, Epsilo will delete the Customer Data associated with the Workspace, subject to any applicable retention and deletion requirements under Applicable Laws and Epsilo’s standard backup, security and compliance retention processes, except for limited copies that Epsilo is required or permitted to retain under Applicable Laws or its standard backup, security, or compliance retention processes. Any retained copies will remain subject to the applicable confidentiality and data protection obligations under these Terms. A Workspace that has not been restored within this thirty-day period cannot be reactivated, and any future use of the Services requires the Customer to create a new Workspace and complete Epsilo’s then-current subscription process. The Customer is solely responsible for exporting any Customer Data it wishes to retain before such expiry or termination. Epsilo has no obligation to provide access to or return any Customer Data after that time, except to the extent otherwise required by Applicable Laws.

20.1 General. Neither party will be liable for any delay or failure to perform its obligations under these Terms, other than payment obligations, to the extent caused by a Force Majeure Event. Epsilo may suspend, restrict, or modify the affected Services to the extent reasonably necessary for the duration of the Force Majeure Event without liability to the Customer.

20.2 Definition. For purposes of these Terms, a “Force Majeure Event” means an event beyond a party’s reasonable control, including natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government action, labour disputes, power or telecommunications failures, internet or infrastructure failures, failures or outages of Third-Party Platforms, failures or outages of third-party AI model providers, and other failures of third-party service providers.

20.3 Mitigation. The affected party will use reasonable efforts to mitigate the effects of the Force Majeure Event and will notify the other party as soon as reasonably practicable if the event materially affects its ability to perform its obligations.

21.1 Notices. Notices to Epsilo must be sent to [email protected] or to Epsilo’s registered office above. Notices to the Customer will be sent to the email address or account contact on file. A notice is deemed received: if by email, at the time of successful transmission, provided that no automated delivery failure notification is received by the sender, and provided that an email sent outside Support Hours is deemed received at the commencement of Support Hours on the next Business Day; or, if delivered by hand, upon delivery, or if sent by post, on the next Business Day after posting, or such later date as evidenced by the applicable postal tracking records.

22.1 Governing Law. These Terms are governed by the laws of Singapore.

22.2 Jurisdiction. The parties submit to the exclusive jurisdiction of the courts of Singapore in respect of any dispute arising out of or in connection with these Terms. Nothing in this Section limits the court’s discretion as to costs.

23.1 Assignment. The Customer may not assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under these Terms without Epsilo’s prior written consent. Epsilo may assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under these Terms without the Customer’s consent, including to an Affiliate or in connection with any merger, acquisition, reorganisation, corporate restructuring, or sale of all or substantially all of its business or assets.

23.2 No Partnership. Nothing in these Terms creates a partnership, joint venture, employment or agency between the parties.

23.3 Third-Party Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any provision of these Terms.

23.4 Severance. If any provision of these Terms is or becomes invalid or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, or deemed deleted if that is not possible, without affecting the rest of these Terms.

23.5 Entire Agreement. These Terms, together with the Privacy Policy, the Pricing Schedule, the Documentation, and any applicable supplementary terms expressly incorporated by reference, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements, representations, and understandings on that subject matter.

23.6 Order of Precedence. If there is a conflict between these Terms and the Pricing Schedule, the Documentation, the Privacy Policy, or supplementary terms, these Terms will prevail, except that: (a) the Pricing Schedule will prevail solely with respect to pricing, fees, Subscription Plan limits, allowances, and other commercial terms expressly stated in the Pricing Schedule; (b) the Documentation will prevail solely with respect to operational or technical specifications of the Services and will not modify or override any commercial, legal, liability, or other contractual provision of these Terms, except where these Terms expressly provide that a matter will be set out in or applied in accordance with the Documentation; (c) the Privacy Policy will prevail solely with respect to the processing of Personal Data, provided that, in the event of any inconsistency concerning the parties' respective data protection obligations, Sections 6.5 and 6.6 and any applicable data processing agreement or terms expressly agreed between the parties shall prevail over the Privacy Policy. Where there is any inconsistency between Sections 6.5 and 6.6 and such data processing agreement or terms, the latter shall prevail solely in respect of the processing of Personal Data covered by them; and (d) a more specific supplementary term will prevail over these Terms solely with respect to the subject matter expressly addressed by that supplementary term.

23.7 Waiver. No failure or delay by either party in exercising a right under these Terms operates as a waiver of it.

23.8 Changes to these Terms. Epsilo may update these Terms from time to time by posting the updated version on the Services or notifying the Customer by email. Unless otherwise stated, updated Terms will take effect on the date specified in the notice and will apply prospectively to the Customer’s use of the Services from that date. Epsilo may require the Customer to accept the updated Terms before continuing to access or use the Services. Changes to the Services are governed by Section 2.2.

23.9 Electronic Acceptance and Records. The Customer’s electronic acceptance of these Terms, including by clicking “I Agree” or otherwise accepting these Terms through the Services, is legally binding. Epsilo may maintain electronic records of the Customer’s acceptance, including the applicable version of these Terms, acceptance date and time, Workspace, Account, and related account activity, and may use such records as evidence of the Customer’s acceptance of and agreement to these Terms, to the extent permitted by Applicable Laws.

The Services do not include any formal uptime, availability, performance, response-time, or service-level commitment, and no service credits are available. Epsilo does not guarantee that the Services will be uninterrupted, error-free, or available at all times. Any availability of the Services is subject to scheduled and emergency maintenance, unavailability caused by the Customer or any Third-Party Platform, failures or outages of third-party AI model providers, and events beyond Epsilo’s reasonable control.

Epsilo will provide Technical Support to the Customer in English via email and in-product chat on Business Days from 9:00 a.m. to 6:30 p.m. GMT+7 (“Support Hours”). “Business Day” means Monday to Friday, excluding public holidays in Vietnam.

The Customer may contact Epsilo during Support Hours by emailing [email protected] or through the in-product chat functionality made available by Epsilo.

Epsilo will use commercially reasonable efforts to provide Technical Support during Support Hours. Support is provided on an as-available basis, and Epsilo does not guarantee any particular response time, resolution time, or outcome for any support request.

Requests relating to customisations, account permissions, access controls, or other administrative matters may be required to be submitted through a written notice via email or other process specified by Epsilo.

Minimum System Requirements

The Services are cloud-based and may be accessed through a supported web browser (on desktop or mobile devices) or through a Mobile App on a supported device. The Customer is responsible for maintaining a compatible device, operating system, web browser (where applicable), and internet connection necessary to access and use the Services.

Epsilo may specify or update from time to time the browsers, operating systems, devices, and technical configurations supported for access to the Services. Current compatibility requirements may be made available through the Documentation, the relevant app store listing, or other materials provided by Epsilo.

Certain features may not be available on all devices, browsers or Mobile Apps, and the Customer may be required to install updates to a Mobile App to continue using it.

Epsilo does not guarantee that the Services will operate correctly or be fully compatible with unsupported, outdated, modified, or otherwise non-standard browsers, operating systems, devices, or configurations.

The Customer is responsible for ensuring that its device, browser, operating system, internet connection, and network environment are sufficient to access and use the Services. Performance may vary depending on these factors and on Third-Party Platform connections and other factors outside Epsilo’s reasonable control.