Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Ergate website at ergate.ai and all related services (collectively, the “Service”) operated by Awwsm Inc. (“we,” “us,” or “our”), a company incorporated in the State of Delaware, United States.

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent that you meet this requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Registration

To use the Service, you must create an account. You agree to:

• Provide accurate and complete registration information.
• Maintain the security of your password and account credentials.
• Promptly notify us of any unauthorized access to your account.
• Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

3. Description of Service

Ergate is an AI-powered proposal generation platform that helps consultants, agencies, and service teams transform client briefs into professional proposals. The Service includes:

• AI-powered brief analysis and proposal generation.
• Proposal editing, customization, and template management.
• Client management and contact organization.
• Proposal sharing via branded links with optional password protection.
• Document export (PDF, DOCX).
• Usage analytics and proposal scoring.

4. AI-Generated Content

The Service uses artificial intelligence to generate proposals and related content. You acknowledge and agree that:

• No guarantee of accuracy: AI-generated content may contain errors, inaccuracies, or omissions. You are responsible for reviewing and editing all generated content before use.
• Not professional advice: Generated proposals, pricing estimates, and timelines are suggestions only. They do not constitute legal, financial, or professional advice.
• Your responsibility: You are solely responsible for the proposals you send to clients, including their accuracy, completeness, and any commitments made therein.
• Output variability: The same input may produce different outputs. AI-generated content may vary between uses.

5. Your Content

“Your Content” means any data, text, documents, or materials you upload, submit, or create through the Service, including client briefs, proposals, templates, and client information.

• Ownership: You retain all ownership rights to Your Content. We do not claim ownership of anything you create or upload.
• License to us: You grant us a limited, non-exclusive license to host, store, process, and display Your Content solely for the purpose of operating and providing the Service to you.
• No training: We do not use Your Content to train AI models. Your data is processed only to generate outputs you request.
• Your responsibility: You are responsible for ensuring you have the right to upload and use any content you submit, including client briefs and confidential materials.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Infringe on the intellectual property rights of others.
• Upload malicious content, viruses, or code designed to disrupt the Service.
• Attempt to gain unauthorized access to the Service or its related systems.
• Use automated tools (bots, scrapers) to access the Service without our written permission.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service.
• Resell, sublicense, or redistribute the Service without our written permission.
• Generate content that is fraudulent, deceptive, defamatory, or harmful.
• Circumvent usage limits, rate limits, or other technical restrictions.

7. Subscriptions and Billing

7.1 Plans

The Service offers free and paid subscription plans. Paid plans provide additional features and higher usage limits as described on our pricing page.

7.2 Billing

• Paid subscriptions are billed in advance on a monthly or annual basis through Stripe.
• All fees are quoted in US dollars and are non-refundable except as required by law.
• You authorize us to charge your payment method for all applicable fees.

7.3 Cancellation

• You may cancel your subscription at any time through your account settings or Stripe's billing portal.
• Cancellation takes effect at the end of the current billing period. You will continue to have access until then.
• We do not provide prorated refunds for unused portions of a billing period.

7.4 Price Changes

We may change our pricing with at least 30 days' notice. Price changes will apply at the start of your next billing period after the notice.

8. Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by Awwsm Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works of the Service.

“Ergate” and our logo are trademarks of Awwsm Inc. You may not use our trademarks without prior written permission.

9. Third-Party Services

The Service integrates with third-party providers (including Stripe for payments and Anthropic for AI processing). Your use of these integrations may be subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• AI-generated content will be accurate, complete, or suitable for your needs.
• The Service will meet your specific requirements or expectations.
• Any defects in the Service will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AWWSM INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total aggregate liability for any claims arising out of or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Awwsm Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Your Content or proposals you share with clients.
• Your violation of these Terms.
• Your violation of any third-party rights.

13. Termination

You may terminate your account at any time by deleting it through your account settings. We may suspend or terminate your access to the Service at any time if:

• You violate these Terms.
• Your use poses a security risk to the Service or other users.
• Required by law.
• We discontinue the Service (with reasonable notice when practicable).

Upon termination, your right to use the Service ceases immediately. We may delete your data in accordance with our Privacy Policy.

14. Governing Law and Disputes

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 provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware. You agree to waive any right to a jury trial or to participate in a class action.

Notwithstanding the above, either party may seek injunctive or equitable relief in any court of competent jurisdiction for matters involving intellectual property or unauthorized access.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the “Last Updated” date. For significant changes, we will notify you via email at least 30 days before they take effect.

Your continued use of the Service after the effective date of any changes constitutes acceptance of the modified Terms.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Awwsm Inc. regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, strikes, or internet outages.

17. Contact Us

If you have questions about these Terms, please contact us: