Hospitality Terms of Use

Last Updated: January 20, 2026

These Terms of Use (“TOU”), including any policies, rules and other terms that are expressly incorporated herein by reference (collectively, these “Terms” or this “Agreement”), set forth the legal terms and conditions governing your use of our website found at peppermilltools.com (the “Site”), our virtual platform for building AI-driven applications (the “Platform”), and all of the Software, tools, libraries, content, data, documentation and services that the Site and/or the Platform contain, or may in the future contain, including but not limited to pre-built apps, and transaction data, as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, and/or any other form of Intellectual Property Rights (as defined below) (collectively and together with the Site and the Platform, the “Services”).

PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SITE, THE PLATFORM OR THE SERVICES, REGISTERING FOR AN ACCOUNT TO USE THE SERVICES, OR BY CLICKING TO ACCEPT THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” BUTTON OR REGISTER FOR AN ACCOUNT OR ACCESS OR USE THE SERVICES.

ASKmee, Inc., a Delaware corporation d/b/a PepperMill Tools, with a principal place of business at 1229 Connecticut Street, San Francisco, CA 94107 (“we” or “us” or “PepperMill”) reserves the right to modify these Terms at any time, and such modifications shall be effective immediately upon posting to the Site or the Platform, as applicable. Please continue to review these Terms whenever accessing, linking to, or using the Services. Your access to, linking to, or use of the Services after the posting of modifications to these Terms will constitute your acceptance of these Terms, as modified. By accessing the Services, you agree that we may collect, process, and disclose your personal information in accordance with our Privacy Policy, available at https://peppermilltools.com/privacy/. If, at any time, you do not agree to these Terms, you should stop accessing, using or linking to the Services.

 

1. Restrictions and Definitions

In these Terms, “you,” “your” and “Customer” will refer to you as the end user of the Services. However, if you are registering for an account to use the Services or using the Services on behalf of an entity or other organization that is the end user of the Services, then you are agreeing to these Terms for that entity or organization and representing to us that you have the authority to bind such entity or organization to these Terms (and, in which case, the terms “you”, “your” and “Customer” will refer to that entity or organization).

You represent, warrant, and covenant that (i) you are at least eighteen (18) years old or have reached the age of majority in your jurisdiction; and (ii) you shall use the Services only as set forth in these Terms. If you have not reached the age of majority in your jurisdiction, you may only use the Services if your parent or guardian consents to your use of the Services, assumes the obligations provided in these Terms and assumes full responsibility for your use of the Services.

 

1.1. Definitions.

“Account-Related Information” means contact information, payment information, and biographical information about your representatives and contacts used for marketing, opening new user accounts to use PepperMill’s Services, and to maintain existing accounts.

“AI” means artificial intelligence. AI software/application/tool refers to any software/application/tool that uses AI or machine learning.

"Beta Services" means any product or feature made available for evaluation purposes without charge and labeled as beta, pilot, preview, or similar.

“Confidential Information” means any software source code, inventions, know-how, intellectual property, business, technical and financial information, any information identified as confidential at the time of disclosure, and any information a reasonable person would consider confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any PepperMill Technology or performance information relating to any PepperMill Technology will be deemed Confidential Information of PepperMill without any marking or further designation. Any of Your Data will be deemed to be your Confidential Information without the need for any marking or further designation.

"Your Data" means all electronic data or information submitted by or for or on behalf of you to the Platform.

"Excluded Data" means any information or data for which you do not have necessary rights, consents, and permissions to use with the Platform, including, as applicable, Personal Information for which you have not secured appropriate rights, consents, or permissions.

"Documentation" means PepperMill’s user guides, technical documentation, and help materials.

“Free Trial” means access to the Platform on a free trial basis for a specified limited period as presented to you at sign-up (including via the Platform or our payment processor checkout flow) or as otherwise communicated by PepperMill, which may vary by offer, plan, or user.

“Open Source Software” means any open source, community or other free code or libraries of any type, including, without limitation, any code which is made generally available on the Internet without charge (such as, for example purposes only, any code licensed under any version of the MIT, BSD, Apache, Mozilla or GPL or LGPL licenses).

"PepperMill Technology" has the meaning set forth in Section 5.1.

"Personal Information" means any information that identifies, relates to, describes, or is capable of being associated with, or could reasonably be linked, directly or indirectly, to an identified or identifiable living natural person, including but not limited to: (i) identifiers such as a real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, government identification card number, passport number, or other similar identifiers; (ii) any patient, medical records or other protected or regulated health information; (iii) any financial information (including bank account or payment card numbers) or any other information subject to regulation or protection under specific laws or regulations; or (iv) information defined as “personal information,” “personally identifiable information,” “personal data,” or similar expressions under applicable privacy laws or data security Laws.

"Platform" means the hosted software-as-a-service offering provided by PepperMill that enables you to create and deploy custom AI applications.

“Third-Party AI Tools” has the meaning set forth in Section 6.1.

 

2. Service Description

2.1. Access to Services. Subject to the terms and conditions under these Terms, PepperMill will make the Platform available to you and grant you a limited, non-sublicensable, non-exclusive, non-transferable right to access and use the Platform, solely for your internal business operations or personal use and in accordance with these Terms, the Documentation and any scope of use restrictions designated in one or more applicable Exhibits or Addenda. The Services are subject to Exhibit A (Service Levels).

2.2 Account Registration. To use the Services, you will be asked to create an account. As part of the account creation process, you will be asked to provide your email address and create a password. When registering an account, you must provide true, accurate, current and complete information about yourself as requested during the account creation process. You must also keep that information true, accurate, current and complete after you create your account. Each registration is for a single user only. You may not register an account or use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent yourself. You agree to treat your account credentials as confidential and not to disclose your account credentials, or any part of it, either directly or indirectly, to any person.

You are fully responsible for all usage and activity of the Services by you, including, but not limited to, any use of your account credentials. Only you may access the Services through your account credentials and access may not be shared with any other person. We may terminate inactive or delinquent accounts. You understand and agree that, if you cancel your account, we and third parties may retain copies of information provided by you.

You agree (i) to notify us immediately at support@peppermilltools.com of any known or suspected unauthorized use(s) of the Services, or any known or suspected breach of security, including but not limited to loss, theft, or unauthorized disclosure of your account credentials; and (ii) to exit the Services properly at the end of each session. WITHOUT LIMITING SECTION 5, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM ANY UNAUTHORIZED USE OF THE SERVICES OR BREACH OF SECURITY. If a device on which the Services is accessed is sold or transferred to another party, you agree to delete all cookies and software files obtained by or through use of the Services that are stored on such device. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against you and any person or entity using your account credentials. We may require you to change your account credentials. We reserve the right to suspend your account or access to the Services.

We reserve the right to periodically audit and monitor (physically or electronically) your use of the Services to ensure compliance with these Terms and to maintain and improve the provision of the Services.

2.3. Suspension of Service. In addition to any of PepperMill’s other rights or remedies (including but not limited to any termination rights set forth herein), PepperMill reserves the right to suspend your access to the Services if: (i) PepperMill determines that you have breached Section 3.2 (Use Restrictions); or (ii) PepperMill determines that suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of the Services. PepperMill will have no liability for taking action as permitted above in this Section. PepperMill will cooperate with you to restore access to the Services once it verifies that you have resolved the condition requiring suspension.

 

3. Your Obligations

3.1. Permitted User. Use of and access to the Services are permitted by and only by you (“Permitted User”). You shall keep your user ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared. You will be responsible for any and all actions taken using your accounts and passwords. You will comply with these Terms, applicable laws and Documentation and be responsible for all use under your account, including all acts or omissions by you.

3.2. Use Restrictions.  You agree that you shall not:

  • Resell, copy, sublicense, lease or otherwise make the Platform available to third parties;
  • Use the Services to provide, or incorporate the Services into, any product or service provided to a third party;
  • Reverse engineer, decompile, disassemble, or attempt to derive source code or technical architecture, except to the extent expressly permitted by applicable law (and then only upon advance notice to PepperMill);
  • Modify the Services or any Documentation, or create any derivative work
  • Disrupt the integrity of, or interfere with, Platform security or functionality, or introduce viruses or malicious code;
  • Use the Platform to infringe, violate, or misappropriate any rights or transmit malicious code;
  • Use the Platform to build or enhance a competing product; in addition, you must “wall off” any and all employees and division of employees who are working on a competing product from receiving access to or information of the Platform or any PepperMill Technology;
  • Use the Services to collect, store, process or transmit any Excluded Data other than Account-Related Information, or submit to the Services any Customer Data containing any Excluded Data;
  • Use the Services with Your Data that (i) is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in PepperMill’s discretion; (ii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iii) could otherwise cause damage to PepperMill or any third party;
  • Access or use the Platform in violation of law or these Terms.

 

4. Fees and Payment

4.1 Fees

You agree to pay all fees applicable to your use of the Services (“Fees”) in accordance with the pricing and payment terms presented to you at the time you subscribe to the Services or as otherwise made available to you through the Platform or a third-party payment processor authorized by PepperMill. Fees are based on the subscription plan or usage level you select and may change if you upgrade, downgrade, or otherwise modify your subscription.

If there is a conflict between these Terms and the pricing, billing cadence, or billing dates presented to you at checkout, the checkout presentation will control solely with respect to the amounts charged and the billing dates.

All Fees are non-refundable except as expressly stated in these Terms or as required by applicable law. Except as required by law, PepperMill does not provide refunds or credits for partial subscription periods or unused access.

4.2 Payment Method and Authorization

To access the Services, including during any trial period, you must provide valid payment information, including a credit card or other accepted payment method. PepperMill uses a third-party payment processor, such as Stripe, to process payments and store your payment credentials. By providing payment information, you authorize PepperMill and its payment processor to charge your payment method for all applicable Fees in accordance with your selected subscription plan.

You represent and warrant that you are authorized to use the designated payment method and that such payment method information is accurate and up to date.

You acknowledge that PepperMill does not receive or store your full payment card number and that payment credentials are stored by our payment processor in accordance with its terms and policies.

By providing payment information, you authorize PepperMill and its payment processor to charge your payment method for all applicable Fees and Taxes in accordance with your selected subscription plan.

4.3 Subscription Billing and Renewal

Unless otherwise stated at the time of subscription, Fees for subscription-based Services are billed in advance on a recurring monthly basis and will automatically renew on each monthly anniversary of the date your paid subscription begins (which may be the date you sign up or, if you begin with a Free Trial, the date the Free Trial ends). You authorize PepperMill to charge the applicable Fees to your payment method on each renewal date (or on the closest practicable date, as determined by our payment processor) without further notice unless you cancel your subscription in accordance with these Terms.

4.4 Changes to Fees

PepperMill reserves the right to modify Fees or introduce new fees for the Services upon prior notice to you. Any changes to Fees will apply prospectively and will take effect at the start of the next billing cycle following notice, unless otherwise stated. Continued use of the Services after a fee change becomes effective constitutes your acceptance of the revised Fees.

4.5 Taxes

Fees are exclusive of all taxes, levies, duties, or similar governmental assessments, including sales, use, value-added, or withholding taxes, imposed by any jurisdiction (“Taxes”). You are responsible for payment of all applicable Taxes associated with your use of the Services, excluding taxes based on PepperMill’s net income.

4.6 Late Payments and Failed Charges

If a payment cannot be successfully charged to your payment method due to expiration, insufficient funds, or otherwise, PepperMill may suspend or terminate your access to the Services until payment is received. You remain responsible for all Fees incurred during any period of suspension. PepperMill reserves the right to reattempt charges and to charge any reasonable costs incurred in connection with collection efforts to the extent permitted by law.

4.7 Free Trial
If you sign up for a Free Trial, PepperMill may require you to provide a valid payment method at registration. Unless otherwise disclosed to you at sign-up, your Free Trial will automatically convert to a paid subscription at the end of the Free Trial period and you authorize PepperMill and its payment processor to charge your payment method the applicable Fees at the end of the Free Trial and thereafter on a recurring monthly basis unless you cancel before the Free Trial ends. The length of the Free Trial and any eligibility restrictions will be as presented to you at sign-up (including via our payment processor checkout flow) and may vary. If you cancel during the Free Trial, you will not be charged for the subscription, but you may immediately lose access to any paid features (or at PepperMill’s discretion, retain access through the remainder of the Free Trial period).

To avoid charges, you must cancel the subscription before the Free Trial ends through your account settings (if available) or by any other cancellation method presented to you at sign-up.

 

5. Intellectual Property & Feedback

5.1. PepperMill Technology. You acknowledge that you are obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Agreement or other Documentation, no ownership rights are being conveyed to you under such Agreement. The Platform and all intellectual property therein remain the sole property of PepperMill and its licensors. PepperMill retains all rights not expressly granted to you. You acknowledge that the Services are offered as an on-line, hosted solution, and that you have no right to obtain a copy of any of the Services. PepperMill retains all rights, title, and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Platform, all Documentation, and any updates, derivative works, improvements, and modifications of any of the foregoing (collectively, “PepperMill Technology”). You shall not use PepperMill’s trademarks or branding without PepperMill’s written consent.

5.2. Feedback. You, from time to time, may submit comments, questions, suggestions or other feedback relating to any PepperMill product or service to PepperMill (“Feedback”). PepperMill may freely use or exploit Feedback in connection with any of its products or services without the need to pay compensation for any use of such Feedback.

5.3. Usage Data. Notwithstanding anything to the contrary herein, you agree that PepperMill may obtain technical data about your use of the Services that is non-personally identifiable with respect to you (“Usage Data”), and PepperMill may use the Usage Data to analyze, improve, market, support and operate the Services and otherwise for any business purpose during and after the Term of this Agreement with you. For clarity, this Section 5.3 does not give PepperMill the right to identify you as the source of any Usage Data.

5.4. Your Data. You retain ownership of all Your Data. As necessary to provide the Services, you grant PepperMill a non-exclusive, worldwide, royalty-free license to use, copy, store, transmit, modify, create derivative works of and display Your Data.

 

6. Data Use and Protection

6.1. Data Use. You represent and warrant that you have all rights, consents and permissions necessary to collect, share, upload and use Your Data as contemplated under these Terms (including granting PepperMill the rights in Section 4) and that Your Data will not violate or infringe (i) any third party intellectual property, publicity, privacy or other rights or (ii) any laws, rules or regulations. You shall not upload any Excluded Data unless expressly authorized in writing by PepperMill. You are solely responsible for compliance with all laws applicable to the data it provides. Further, PepperMill Services may include without limitation AI powered capabilities or functionalities. Use of such Services may include technology provided by certain third-party tools, software, or service providers listed here (collectively referred to as “Third-Party AI Tools”). You hereby (i) consent to use of the Third- Party AI Tools as subprocessors providing applicable AI services and (ii) acknowledges and accepts that, by using such Services, the terms, and policies of the respective Third-Party AI Tools (subject to any updates) shall apply. Notwithstanding anything to the contrary under these Terms or the Agreement with you, you agree that PepperMill shall have no liability for any claims, damages, or losses, whether direct or indirect, arising from the use of Third- Party AI Tools, including but not limited to errors, interruptions, or inaccuracies within the Third-Party AI Tool.

6.2. Privacy/Data Protection. You hereby acknowledge that you may provide to PepperMill certain Personal Information that we process for purposes related to the offering and provision of the Platform, as well as the operation of our business. For more information about PepperMill’s practices with respect to Personal Information, please visit our privacy policy at https://peppermilltools.com/privacy/, which is incorporated herein by reference. To the extent that you include Personal Information in Your Data for the purpose of processing on the Platform or otherwise by PepperMill on behalf of you, you and PepperMill agree that the provisions of the Data Processing Addendum (“DPA”) at https://peppermilltools.com/dpa/ shall be incorporated herein by reference and shall control with respect to any such processing. To the extent that there is any conflict between any provision of these Terms and the contents of the DPA, the contents of the DPA shall prevail in respect of such conflict in so far as the matters of data protection or privacy of Personal Information processed on behalf of you by PepperMill are concerned.

 

7. Confidentiality

7.1. Confidentiality Obligations. Each party (as “Receiving Party”) agrees to (i) protect the Confidential Information of the other party (“Disclosing Party”) using the same degree of care as it uses to protect its own Confidential Information of similar nature, but no less than reasonable care; and (ii) except as expressly authorized herein, not disclose any Confidential Information to third parties or use the other’s Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for PepperMill, its subcontractors), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 7.1 and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section 7.1. The Receiving Party’s confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by administrative or judicial process, applicable law, or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. This obligation shall survive termination of these Terms.

7.2. Promotional Rights. PepperMill may use your name, trademarks, logos, Feedback, comments, suggestions, case studies, testimonials, name and pictures of individual issuing testimonials or comments in its marketing, advertising, customer references and website, subject to your approval, which shall not be unreasonably withheld.

 

8. Warranties and Disclaimers

8.1. Warranty Disclaimer. To the maximum extent permitted by law, the Platform is offered "AS IS". PepperMill and its suppliers disclaim all warranties, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. PepperMill does not warrant that your use of any Service will be uninterrupted or error-free, nor does PepperMill warrant that it will review the Your Data for accuracy or that it will preserve or maintain any of Your Data without loss. PepperMill will not be liable for delays, interruptions, service failures or other problems inherent in use of the Internet and electronic communications or other systems outside the reasonable control of PepperMill. You may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law.

 

9. Indemnification

9.1. Indemnification by You. You agree to indemnify PepperMill against third-party claims arising from (i) any Your Data or your use of the Platform in violation of these Terms or applicable laws or (ii) any service or product offered by you in connection with or related to the Services. PepperMill may participate in the defense of any claim by counsel of its own choosing, at its cost and expense and you will not settle any claim without PepperMill’s prior written consent, unless the settlement fully and unconditionally releases PepperMill and does not require PepperMill to pay any amount, take any action, or admit any liability.

9.2. Indemnification Procedure. Your indemnification obligation is subject to your receiving: (i) prompt written notice of such claim (but in any event notice in sufficient time for you to respond without prejudice); (ii) the exclusive right to control and direct the investigation, defense and settlement (if applicable) of such claim; and (iii) all necessary cooperation of the indemnified party at your expense.

 

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF ADVISED OF THE POSSIBILITY. WITH THE EXCEPTION OF A BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS, PEPPERMILL’S AND ITS SUPPLIERS’ TOTAL LIABILITY UNDER OR RELATED TO THESE TERMS OR THE AGREEMENT WITH YOU, THE SERVICES OR THE DOCUMENTATION SHALL NOT EXCEED FEES PAID IN THE LAST 12 MONTHS.

 

11. Term and Termination

11.1. Term. These Terms will remain in effect unless terminated by PepperMill or you in accordance with this Agreement.

11.2. Termination. Either party may terminate for material uncured breach with five (5) business days’ written notice.

11.3. Effect of Termination. Upon termination:

  • All rights granted by PepperMill to you will immediately cease;
  • You must immediately cease any and all use of and access to all Services (including any and all related PepperMill Technology) and delete (or, at PepperMill’s request, return) any and all copies of the Documentation, any PepperMill passwords or access codes and any other PepperMill Confidential Information in your possession and certify destruction of any PepperMill materials;
  • PepperMill may delete Your Data as may have been stored by PepperMill; and
  • Except where an exclusive remedy is specified, the exercise of either party of any remedy under these Terms, including termination, will be without prejudice to any other remedies it may have under these Term, by law or otherwise.

11.4. Survival. The following Sections will survive any expiration or termination of these Terms or the Agreement: 1.2 (Definitions), 3.2 (Use Restrictions), 5 (Intellectual Property), 7 (Confidentiality), 8.1 (Warranty Disclaimer), 9 (Indemnification), 10 (Limitation of Liability), 11.3 (Effect of Termination), 12 (Governing Law and Dispute Resolution) and 13 (General Terms).

 

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. All claims or disputes arising from, relating to or in connection with these Terms shall be resolved by binding arbitration in Wilmington, Delaware, under JAMS rules by a single arbitrator fluent in English and experienced with cloud software services. Nothing limits either party’s right to seek equitable relief in a court of competent jurisdiction.

 

13. General Terms

13.1. Notice. Any notice or communication required or permitted under these Terms will be in writing to the Parties at the email addresses set forth on the Order Form or at such other address as may be given in writing by either party to the other in accordance with this Section and will be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch, (iii) if given by email, the first day after sending, or (iv) if given by registered or certified mail, postage prepaid and return receipt requested, the five business day after such notice is deposited in the mail.

13.2. Severability. If any provision of these Terms will be adjudged by any court or tribunal of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that these Terms will otherwise remain in effect.

13.3. Attorneys’ Fees and Costs. The prevailing party in any action to enforce these Terms will be entitled to recover its attorneys’ fees and costs in connection with such action.

13.4. Force Majeure. Except with respect to pay amounts owed hereunder, neither party will be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to unforeseen events that occur after entering into these Terms and that are beyond the reasonable control of such party (each, a “Force Majeure Event”), including but not limited to, an act of God, strike, blockade, war, act of terrorism, riot, governmental action, natural disaster, epidemic or pandemic, failure or diminishment of power or telecommunications or data networks or services, or refusal of a license by a government agency.

13.5. Independent Contractors. The parties to these Terms are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

13.6. Export Control. In its use of the Services, you agree to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) you represent and warrant that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (ii) you will not (and will not permit any of its users to) access or use the Services in violation of any U.S. export embargo, prohibition or restriction, and (iii) you will not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations.

13.7. Entire Agreement, Assignment and Amendment. These Terms constitute the entire agreement between the parties and supersedes all prior written and oral agreements and discussions relating to the subject matter of these Terms. No supplement, modification, or amendment shall be valid unless in writing and signed by both parties. You may not assign the Agreement without PepperMill’s prior written consent. Any attempt to transfer or assign the Agreement except as expressly authorized under this Section will be null and void. These Terms are binding on permitted successors and assigns.

 

 

 

Exhibit A SERVICE LEVELS

SERVICE LEVELS

1.1 Service Availability.  PepperMill will use commercially reasonable efforts to make the Platform or Services available between 6 AM to 5 PM PT on business days (“Service Windows”) with an uptime of 99.99% for each calendar month during the term, excluding the time the Services are not available solely as a result of one or more Exceptions.

1.2 Exceptions.  The calculation of uptime will not include unavailability to the extent due to any of the following (“Exceptions”):

  • any breach of this Agreement by Customer;
  • general Internet problems, Force Majeure Events or other factors outside of PepperMill’s reasonable control (e.g., AWS downtime, etc.);
  • issues with Customer’s equipment, software, network connections or other infrastructure;
  • third party systems, acts or omissions;
  • PepperMill’s Scheduled Maintenance or reasonable emergency maintenance.

1.3 Scheduled Maintenance.  The Platform or Services may be down for routine maintenance on Saturdays, Sundays and between the hours of 5 PM to 6 AM PT on weekdays. Additionally, PepperMill may schedule downtime during the Service Windows with at least 48 hours’ notice to Customers in advance of such scheduled outages during any Service Windows.

2 User Support

2.1 Support Hours and Contact Methods. Unless otherwise stated, standard user support hours are Monday–Friday from 8 AM to 5 PM PT with the exception of state and federal holidays. When an Authorized User contacts PepperMill for support, the Authorized User’s permissions will be verified in order to determine the scope of support that may be granted. If an Authorized User does not have sufficient permissions (e.g., they are attempting to report an issue for an area that they do not have the authority to access, the event will be deemed unreported). Authorized Users have two means of contacting PepperMill for user support:

Email Support: support@peppermilltools.com

Web Portal: https://support.peppermilltools.com

 

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