- You contract a service, not a software licence to install.
- The scope and price of each service are agreed in writing before work starts.
- The data is yours. We only host and process it to provide the service.
- We are a technology provider, not a legal, tax or compliance adviser.
These terms govern the services provided by Empyrean Systems LLC (“we”, “us”), headquartered in Austin, Texas, United States of America. By contracting a service or creating an account you accept the following. If you contract on behalf of a company, you state that you have authority to bind it.
Need specific terms for your company? We can sign them.
Talk to us ↗1. The services
We provide technology services: artificial intelligence, process automation, custom software, operational systems and technology audits. Some of those services run on our own platforms, which the client accesses with an account; others are delivered as development or consulting work.
No source code or installable copy is delivered unless expressly agreed in writing. The brand, the design and the software behind our platforms are ours and are not transferred with the engagement.
An individual service may carry specific terms — billing or service levels, for instance. Those are agreed in writing with each client and, where they conflict with anything here, they prevail.
Event invitations has its own terms and prices, which apply to anyone who opens an account there: creating the account and preparing the event is free, and you pay when you activate it to send the invitations, with 14 days to ask for a refund if none were sent.
2. Scope and price
Before any work starts, what is delivered, by when, and at what price is agreed in writing. Anything not in that agreement is not part of the engagement, and a change of scope is quoted separately before it is carried out.
Quotes are valid for thirty days from their date unless they state otherwise.
3. Accounts and access
- You are responsible for your company's credentials and for the access you grant.
- New accounts remain pending until the company's owner approves them.
- Each person must have their own access: sharing one between several people breaks the audit log and is grounds for suspension.
- Tell us as soon as you detect unauthorised access.
4. Billing
| Item | How it works |
|---|---|
| Recurring services | Invoiced monthly, in advance, as agreed with each client |
| One-off work | Invoiced per the accepted quote, with the milestones it sets out |
| Starting mid-cycle | Prorated for the remaining days |
| Currency | US dollars, taxes excluded |
| Price changes | Thirty days' notice |
Non-payment
If an invoice is not paid, we notify you and keep the service running for seven days. If it is not settled, access becomes read-only for thirty days, enough time to export everything. After that it is suspended.
5. Your data
The data you enter into our platforms is yours. We obtain only the licence needed to host and process it in order to provide the service. We acquire no rights over it, we do not use it to train models and we do not transfer it. The detail is in the privacy policy.
You can export your data at any time while the account is active. After cancellation your account and team data is kept for thirty days so you can download it. Load documents (bills of lading, proofs of delivery and rate confirmations) are kept for three years, because transport and tax regulations require it. Location is deleted after ninety days.
6. Acceptable use
- Using the service for illegal activities.
- Attempting to access another company's data or bypass permission controls.
- Reselling access or passing it to third parties without prior written agreement.
- Automating requests in a way that degrades the service for others.
- Uploading malicious content or impersonating another person.
Breach may result in immediate suspension of the service.
7. Availability
We work to keep the services continuously available and give advance notice of scheduled maintenance. We do not guarantee uninterrupted operation: incidents may occur with infrastructure providers, networks or third-party services beyond our control.
8. Limitation of liability
We are a technology provider. We do not replace a legal, tax or compliance adviser, and we are not a party to the relationships between our clients and their own customers, suppliers or workers.
We are not liable for business decisions taken on the basis of data in our platforms, nor for claims a third party rejects, nor for penalties arising from data that was not correctly entered. To the extent permitted by law, our total liability is limited to the amount you paid in the twelve months preceding the event giving rise to it.
9. Term and cancellation
Recurring services are monthly and renew automatically until cancelled. Cancellation is requested in writing and takes effect at the end of the cycle already paid for. There is no penalty.
We may terminate the service with thirty days' notice, except in case of serious breach of section 6, where suspension may be immediate.
On termination we keep your account data for thirty days so you can export it, and we refund anything you paid in advance and have not used. Load documents are kept for three years, as the regulations require.
10. Changes to these terms
If anything material changes we will notify you by email thirty days in advance. If you disagree, you may cancel before it takes effect at no cost.
11. Governing law
These terms are governed by the laws of the State of Texas (United States), without regard to its conflict-of-law rules. Before going to court, both parties undertake to attempt to resolve the dispute in good faith for thirty days.
Frequently asked questions
Who owns the data I enter?
Yours. We only host and process them to provide the service. You can export them whenever you like and we acquire no rights over them.
How is a service starting mid-month billed?
It is prorated for the remaining days of the cycle. A cancellation mid-month stops counting from the next cycle, with no refund for the part already used.
What happens if I don't pay an invoice?
We notify you and keep the service running for seven days. If it is still unsettled, access becomes read-only for a further thirty days, during which you can export everything. After that it is suspended.
How do I cancel?
By writing to us. No retention calls and no penalty. Cancellation takes effect at the end of the cycle already paid for.
Can I contract different terms?
Yes. Each service may have specific terms for scope, billing or service level, agreed in writing before work starts.