1. Agreement to Terms
These Terms of Service (“Terms”) form a legally binding agreement between:
Eemaan Limited, a company incorporated in England and Wales, with its registered office at: The Curve, Office 2, 53 Tempest Street, Wolverhampton, WV2 1AA (“Eemaan”, “we”, “us”, or “our”)
and
the individual or entity accessing or using the Services (“Customer”, “you”).
These Terms govern access to and use of:
Eemaan’s software platform
associated services
documentation and support
(collectively, the “Services”)
Where an Order Form or Master Subscription Agreement (“MSA”) exists, those documents take precedence over these Terms in the event of conflict.
2. Eligibility and Authority
You confirm that:
you are at least 18 years old
you have authority to bind your organisation
your use complies with all applicable laws
3. Services Overview
Eemaan provides a configuration governance, automation, and resilience platform for cloud contact centre environments.
Important commercial clarification (this protects you massively):
The Services:
operate at a configuration and data level
do not replace native platform functionality (e.g. Genesys Cloud, AWS)
do not guarantee full system recovery of third-party platforms
Where restoration or recovery is provided, it is limited to:
supported and restorable configuration objects only
4. Account and Access
You are responsible for:
all activity under your account
maintaining secure credentials
ensuring authorised users comply with these Terms
We may suspend access where:
there is a security risk
misuse is detected
payment obligations are not met
5. Fees and Payment
5.1 Payment Terms
Invoices payable within 30 days
All Fees are exclusive of VAT
5.2 Non-Payment
We may:
suspend Services after 10 days written notice
charge interest at 4% above Bank of England base rate
5.3 No Set-Off
Payments must be made without deduction or set-off.
6. Acceptable Use
You must not:
reverse engineer or attempt to extract source code
interfere with platform integrity
introduce malicious code
use automated scraping tools
use Services unlawfully
7. Data and Security
7.1 Roles
Customer = Controller
Eemaan = Processor
7.2 Data Use
We process data only to:
deliver the Services
maintain security
improve functionality (anonymised/aggregated)
7.3 Security
We maintain:
access controls
monitoring and logging
commercially reasonable safeguards
7.4 Sub-processors
Used only where necessary and under contractual protections.
8. Data Recovery and Platform Limitations
This is your key enterprise-safe clause (very important for your product positioning):
Eemaan provides:
backup, export, and recovery capabilities for supported configuration objects only
Eemaan does not warrant or guarantee:
full restoration of third-party platforms
recovery of operational or transient data
continuity of third-party services
Customer acknowledges that:
ultimate platform resilience remains dependent on the underlying platform provider
9. Intellectual Property
All rights in the Services remain with Eemaan.
Customer retains ownership of its data.
Customer grants Eemaan a licence to:
process data
use feedback to improve Services
10. Warranties
Eemaan warrants that:
Services will be provided with reasonable skill and care
Services will materially align with documentation
11. Disclaimers
Except as expressly stated:
The Services are provided “as is” and “as available”
We do not guarantee:
uninterrupted service
error-free operation
compatibility with all third-party systems
12. Limitation of Liability
12.1 Excluded Losses
Neither Party is liable for:
loss of profit
loss of revenue
loss of data (except where caused by breach)
indirect or consequential loss
12.2 Liability Cap
Total liability is limited to:
Fees paid in the previous 12 months
12.3 Enterprise Carve-Outs
Nothing limits liability for:
death or personal injury
fraud
breach of confidentiality
data protection violations
13. Indemnity
Customer will indemnify Eemaan against claims arising from:
misuse of Services
Customer data
breach of Terms
14. Availability and Support
We aim to maintain high availability but do not guarantee uptime unless expressly agreed in an SLA.
Support is provided in accordance with:
Eemaan support policies and service levels (where agreed)
15. Term and Termination
We may suspend or terminate access for:
breach of Terms
non-payment
security concerns
Upon termination:
access ceases immediately
data may be deleted after a reasonable period
16. Changes to Services
We may:
enhance or modify Services
discontinue features where necessary
We will not materially reduce functionality without reasonable notice.
17. Governing Law
These Terms are governed by the laws of England and Wales.
Courts of England and Wales have exclusive jurisdiction.
18. Dispute Resolution
Parties agree to:
attempt good faith resolution for 30 days
Nothing prevents urgent legal action where required.
19. Confidentiality
Each Party agrees to:
protect confidential information
use it only for contractual purposes
20. Electronic Communication
You agree to:
receive communications electronically
accept electronic contracts and records
21. General
Entire agreement applies
No partnership created
Rights may be assigned in business transfers
Invalid clauses do not affect the rest
22. Contact
Eemaan Limited
The Curve, Office 2
53 Tempest Street
Wolverhampton
WV2 1AA