Legal

These Free Trial Terms govern your access to and use of the SHERPANY during a free trial. By creating a trial account, you confirm that you have read, understood and agree to these Free Trial Terms.

These Free Trial Terms apply in addition to Sherpany’s general Terms & Conditions of Use, Privacy Notice, Cookie Notice and, where applicable, Data Processing Agreement. In case of conflict, these Free Trial Terms prevail for the free trial.

Definitions

Provider means Agilentia AG, Niederdorfstrasse 88, 8001 Zurich, Switzerland.

SHERPANY means the Sherpany software-as-a-service platform, including the related applications, features and services made available to you during the trial.

Trial User or you means the individual creating or using a trial account.

Customer Content means documents, meeting materials, personal data and other content uploaded, created, stored or processed through the trial account.

Trial Period starts on the date on which the trial account is created, unless the trial is terminated earlier in accordance with these Free Trial Terms.

1. Trial access

The trial starts on the date on which your trial account is created and continues for 30 days , unless terminated earlier in accordance with these Free Trial Terms.

The trial is provided free of charge. The Provider does not collect payment information during the trial, and the trial does not automatically convert into a paid subscription. Any paid use of SHERPANY requires a separate agreement with the Provider.

The Provider may define or change technical, functional or usage limits for the trial at any time, including limits on users, workspaces, storage, features, integrations or support.

2. Right to use SHERPANY

During the Trial Period, the Provider grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable and revocable right to access and use SHERPANY for your own internal business purposes as part of your trial use of SHERPANY.

You may not use SHERPANY for the benefit of third parties, for resale, rental, outsourcing, service bureau purposes, competitive intelligence, benchmarking, or to develop, improve or support a competing product or service.

Each trial account is personal to the individual Trial User and may not be shared, transferred or used by any other person. You are responsible for keeping your login credentials confidential and for all activity under your account.

3. Account information and authority

You must provide accurate and complete information when creating and using the trial account, including your name, work email address and company details.

You confirm that you are using the trial in a professional or business context and that you are authorised to evaluate or use SHERPANY for your organisation or on your own professional behalf.

4. Customer Content

You retain all rights in your Customer Content. The Provider does not claim ownership of Customer Content.

You are responsible for all Customer Content and must ensure that you have the necessary rights, permissions, authority and legal basis to upload, process and share it through SHERPANY.

The Provider may access and process Customer Content only to provide, secure, maintain, support and improve the trial, to comply with your instructions, to investigate suspected misuse, or where required by applicable law.

5. Data Protection

Where the Provider processes personal data on behalf of your organisation in connection with the trial, the Provider acts as processor.

You are responsible for ensuring that any personal data uploaded to or otherwise processed in SHERPANY may lawfully be processed in SHERPANY, including that you have the necessary authority, transparency notices, legal bases and instructions from your organisation or other relevant controller.

The Provider may process account, contact, technical and usage data, including through analytics, anonymized session replay or similar technologies, to administer the trial, secure and improve SHERPANY, prevent fraud and misuse, understand trial engagement, identify product-qualified leads and conduct commercial follow-up.

The current list of sub-processors is made available by the Provider.

6. Commercial contact

By signing up for the trial, you acknowledge that the Provider may contact you by email or by phone during and after the trial in relation to your trial, your use of SHERPANY, onboarding, product feedback and similar commercial communications.

You may object to or unsubscribe from marketing communications at any time. Service-related, transactional, security or account communications may still be sent where necessary for the trial.

7. Prohibited use

You must not, and must not allow anyone else to:

(a) use SHERPANY for any unlawful, harmful, fraudulent, abusive or unauthorised purpose;

(b) upload, create, share or process content that is illegal, violent, pornographic, discriminatory, defamatory, infringing, harmful, malicious or otherwise inappropriate;

(c) upload malware, viruses or other harmful code, or interfere with the security, integrity or availability of SHERPANY;

(d) send spam or unsolicited bulk communications through SHERPANY;

(e) use automated scripts, bots, crawlers, scraping tools, API calls or other programmatic access to SHERPANY, except where expressly enabled by the Provider for the trial;

(f) reverse engineer, decompile, copy, benchmark, monitor or analyse SHERPANY for competitive intelligence or to develop, improve or support a competing product or service;

(g) attempt to bypass technical limits, security controls, authentication mechanisms or access restrictions;

(h) use SHERPANY to process data in breach of applicable law, third-party rights, confidentiality obligations or your organisation’s internal policies;

(i) provide storage, access or services to third parties through SHERPANY, whether for remuneration or free of charge; or

(j) share access credentials or use the trial as a role account, group account or shared account.

The Provider may suspend or close a trial account without prior notice if the Provider reasonably suspects a breach of these Free Trial Terms, a security risk, unlawful use, misuse of the trial, or use that may expose the Provider, its customers or other users to risk.

8. Third-party applications and integrations

If you use or enable third-party applications, integrations or services with SHERPANY, you are responsible for complying with their applicable terms.

The Provider is not responsible for third-party applications, integrations or services, including their availability, security, functionality or processing of data.

9. Confidentiality

The Provider will treat non-public Customer Content as confidential and will use it only to provide, secure, maintain, support and improve the trial, to investigate suspected misuse, or where required by applicable law.

You must treat non-public information about the Provider and SHERPANY, including product documentation, technical information, pricing information, security information and non-public features, as confidential and may not disclose it to third parties without the Provider’s prior written consent.

10. Intellectual property and feedback

All intellectual property rights relating to SHERPANY, any (further) developments, work results, documentation, improvements and the know-how belong to and are vested in the Provider or its licensors.

You do not acquire any ownership rights in SHERPANY by using the trial.

If you provide feedback, comments, ideas or suggestions regarding SHERPANY, the Provider may use them without restriction, obligation or compensation.

11. End of trial, termination and account closure

The trial ends automatically after 30 days unless the Provider agrees otherwise in writing.

You may stop using the trial at any time. You may also request earlier closure of your trial account by contacting the Provider.

At the end of the trial, or upon earlier closure, your access to the trial account and Customer Content will be disabled. The trial will not renew automatically and will not convert into a paid subscription unless a separate paid agreement is concluded with the Provider.

You should export any Customer Content you wish to retain before the end of the Trial Period.

The Provider may retain Customer Content and account data for a limited period after trial closure for operational, security, legal, compliance and evidentiary purposes, unless earlier deletion is required by applicable law or agreed with the Provider. After expiry of the applicable retention period, the Provider will delete or anonymise the data in accordance with its deletion processes, unless retention is required by law.

12. No warranty, no SLA and no support commitment

The trial is provided free of charge, “as is” and “as available”.

The Provider makes no warranty that SHERPANY will be uninterrupted, error-free, available at any particular time, compatible with your systems, or suitable for your intended purpose.

Unless expressly agreed otherwise, no service levels, uptime commitments, support commitments, warranties, indemnities, credits or other paid-service commitments apply to the trial.

The Provider may modify, restrict, suspend or discontinue the trial at any time.

13. Liability

To the maximum extent permitted by applicable law, the Provider excludes all liability arising out of or in connection with the free trial, including for loss of data, loss of profits, business interruption, indirect damage, consequential damage and third-party claims.

Where liability cannot be fully excluded under applicable law, the Provider’s aggregate liability arising out of or in connection with the free trial is limited to CHF 100.

Nothing in these Free Trial Terms limits or excludes liability that cannot be limited or excluded under applicable mandatory law.

14. Changes to these Free Trial Terms

The Provider may update these Free Trial Terms from time to time. The version presented to you at signup applies to your trial, unless the Provider notifies you of updated terms or you continue using the trial after updated terms have been made available.

15. Governing law and jurisdiction

These Free Trial Terms are governed by the substantive laws of Switzerland, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

The courts of the City of Zurich, Switzerland, have exclusive jurisdiction, subject to any mandatory statutory jurisdiction.