Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website at equa.work and the EQUA AIMMS platform (collectively, the "Services") operated by EQUA AI Inc., a Delaware corporation. By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing our website or using our Services, you confirm that you:

• Are at least 18 years old or have the legal capacity to enter into contracts
• Have the authority to bind your organization if using Services on its behalf
• Agree to comply with these Terms and all applicable laws and regulations

2. Description of Services

EQUA AI Inc. provides AIMMS (Agentic AI Inventory & Maintenance Management System), an enterprise software platform designed for industrial maintenance and asset management operations. Our Services include:

• Access to the AIMMS platform (subject to separate subscription agreements)
• Website content, documentation, and resources
• Demo requests and sales consultations
• Customer support, implementation, and professional services

3. Account Registration

To access certain features of our Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials and not share them with others
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems, networks, or data
• Interfere with or disrupt the integrity, security, or performance of our Services
• Transmit malware, viruses, or other harmful or malicious code
• Reverse engineer, decompile, disassemble, or attempt to derive source code from our software
• Use the Services to develop a competitive product or service
• Resell, sublicense, or redistribute our Services without authorization
• Use automated means (bots, scrapers) to access the Services without permission

5. Intellectual Property

All content, features, and functionality of our Services—including but not limited to text, graphics, logos, icons, images, software, documentation, and underlying technology—are owned by EQUA AI Inc. or our licensors and are protected by United States and international intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works from our content without express written permission from EQUA AI Inc.

6. Customer Data

For customers using the AIMMS platform under a subscription agreement:

• You retain all ownership rights in any data you input into the platform ("Customer Data")
• You grant us a limited, non-exclusive license to process Customer Data solely to provide and improve the Services
• We maintain the confidentiality of Customer Data as described in our Privacy Policy and applicable data processing agreements
• Data handling is governed by your subscription agreement and applicable data protection laws

7. Payment Terms

For paid Services:

• Fees are specified in your subscription agreement or order form
• Payment is due according to the terms specified in your agreement (typically net 30 days)
• We reserve the right to suspend Services for accounts with overdue payments
• All fees are exclusive of applicable taxes unless otherwise stated
• Fees are non-refundable except as expressly stated in your subscription agreement

8. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may:

• Perform scheduled maintenance with reasonable advance notice
• Perform emergency maintenance as needed to address security or stability issues
• Modify, update, or discontinue features with reasonable notice
• Suspend access to address security concerns or violations of these Terms

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EQUA AI Inc. does not warrant that the Services will be uninterrupted, error-free, completely secure, or free of viruses or other harmful components.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EQUA AI INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO EQUA AI INC. FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless EQUA AI Inc., its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services in violation of these Terms
• Your violation of any applicable law or third-party rights
• Any content or data you submit through the Services

12. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or for any other reason with notice. You may terminate your use of the Services at any time. Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and associated data according to our data retention policies
• Provisions that by their nature should survive termination will remain in effect (including Sections 5, 9, 10, 11, 13, and 15)

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

Before initiating any formal legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

14. Changes to Terms

We may update these Terms from time to time to reflect changes in our Services, legal requirements, or business practices. If we make material changes, we will notify you by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending notice to the email address associated with your account (for registered users)

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Terms.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable subscription or service agreements, constitute the entire agreement between you and EQUA AI Inc. regarding the Services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure: We will not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet outages.