Terms of Service

1. Acceptance of Terms

By accessing or using thepa ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Beta Service Disclaimer

Important: thepa is currently in beta. This means:

• The Service may contain bugs, errors, or incomplete features
• Features may change or be removed without notice
• Data may be lost during updates or migrations
• Service availability is not guaranteed
• We recommend keeping backups of important data

By using the Service, you acknowledge these risks and agree that we are not liable for any data loss or service interruptions during the beta period.

3. Account Registration

• You must provide accurate, current, and complete information during registration
• You are responsible for maintaining the security of your account and password
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account

4. Acceptable Use

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Violate or infringe upon the rights of others
• Transmit any harmful code, viruses, or malicious software
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service without permission
• Impersonate any person or entity
• Collect or harvest information about other users

5. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances. We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice.

6. Intellectual Property

The Service and its original content, features, and functionality are owned by thepa and Zima Blue and are protected by international copyright, trademark, and other intellectual property laws.

You retain ownership of any data you create or upload to the Service. By using the Service, you grant us a license to use, store, and process your data solely for the purpose of providing the Service.

7. Limitation of Liability

To the maximum extent permitted by law:

• The Service is provided "as is" and "as available" without warranties of any kind
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim

8. Account Termination

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Non-payment of fees (if applicable)

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will cease immediately, and we may delete your account and data in accordance with our Privacy Policy.

9. Data Backup and Export

While we take measures to protect your data, you are responsible for maintaining backups of important information. During the beta period, we recommend exporting your data regularly. We are not responsible for any data loss.

10. Plans and billing

Published plans and prices are on /pricing. Personal plans are Free ($0, 1 unit), Starter ($14 / month or $12 / month billed $144 yearly, 5 units), and Professional ($34 / month or $30 / month billed $360 yearly, 25 units). Team plans are Business ($110 / month or $90 / month billed $1,080 yearly, 100 units, 30 full members then $5 per extra seat) and Enterprise (quoted). We do not describe any quantity as unlimited.

Paid subscriptions are billed through Polar, our payment processor. Polar stores card details. THEPA stores your plan, Polar customer and subscription identifiers, and invoices. While public signup is on the waitlist, joining the waitlist does not charge a card.

11. Refunds and cancellation

Free has nothing to refund. If a first paid subscription is not right, contact us within 14 days of that first payment for a full refund of that invoice. Monthly subscription fees are charged in advance and are not refunded for a partial month once a period has started; cancel any time to stop future charges.

If you cancel a yearly plan partway through the year, we refund the unused portion on a pro-rata basis using the yearly price you paid. Fees already incurred for usage (including hosted AI) are not refunded. Enterprise refund terms are in the applicable order form. How to request a refund is in Contact Information below.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of South Africa.

14. Contact Information

If you have any questions about these Terms, please contact us through the contact methods provided on our website.