These Terms of Service ("Terms") govern your access to and use of the websites, online platform, and related services operated by Omiwato Ventures AB, a company registered in Sweden under registration number 559497-0450 (collectively "Yesper", "we", "us", or "our"). The services include our marketing website, the Yesper SaaS platform (the "Platform"), and any related services we provide (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are accessing the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization, and "you" and "your" refer to that organization.
If you do not agree to these Terms, you may not use the Services.
Order of precedence. If you have entered into a separate written agreement with us (such as a Master Services Agreement, customer agreement, or order form, collectively a "Customer Agreement"), the terms of that Customer Agreement (and any associated data processing agreement) prevail over these Terms to the extent of any conflict. These Terms continue to apply to all matters not addressed by a Customer Agreement and to any access to public-facing parts of our Services.
Yesper provides applied AI software and services for the construction and infrastructure sector. The Platform is delivered as a software-as-a-service offering accessible via the internet. Professional services (including implementation, training, and custom development) are provided under separate written agreements.
The Services are intended for business use. We do not offer the Services to consumers as defined under Swedish or EU consumer protection law.
We may update, modify, or enhance the Platform from time to time. We will use reasonable efforts to ensure that updates do not materially diminish the core functionality of the Platform. Where we make material changes, we will provide reasonable advance notice to active customers.
To access the Platform you must register an account. You agree to provide accurate, current, and complete information when creating an account and to keep that information up to date.
You are responsible for:
You must notify us immediately at legal@yesper.ai if you suspect any unauthorized access to or use of your account or your Users' accounts.
We may suspend or terminate accounts that we reasonably believe are being used in violation of these Terms or applicable law.
You agree to use the Services only for lawful business purposes and in accordance with these Terms. You must not, and must not permit your Users to:
(a) use the Services to transmit, store, or process content that is unlawful, harmful, fraudulent, defamatory, threatening, harassing, obscene, or that infringes the rights of others;
(b) attempt to gain unauthorized access to any system, network, account, or data connected to the Services;
(c) interfere with, disrupt, or compromise the integrity, security, or performance of the Services or any data contained therein;
(d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, model weights, prompts, or underlying algorithms of any part of the Services, except to the extent expressly permitted by mandatory applicable law;
(e) use automated means to scrape, extract, harvest, or collect data from the Services without our prior written permission;
(f) use the Services to develop a competing product or service, or to benchmark the Services for the benefit of a competitor;
(g) use the AI features of the Platform:
(h) use the Services in any way that violates applicable laws or regulations, including data protection, export control, sanctions, and anti-corruption laws;
(i) submit Customer Content to the Platform that you do not have the right to submit, or that contains malware or other harmful code;
(j) submit to the Platform any information classified as security-sensitive under the Swedish Protective Security Act (säkerhetsskyddslagen 2018:585) or equivalent legislation in any other jurisdiction. The Platform is not designed, intended, or approved for the processing of such information, and you are responsible for ensuring that no such information is uploaded.
We may suspend or restrict access if we reasonably believe your use of the Services violates this Section 5 or otherwise creates risk to the Services or other customers.
Ownership. You retain all rights, title, and interest in and to your Customer Content. As between you and us, you are the sole and exclusive owner of Customer Content.
Customer Configurations. Workflows, AI apps, checklists, prompt libraries, automations, and other configurations that you or your Users build within the Platform during your Subscription ("Customer Configurations") belong to you. Customer Configurations live within your Platform environment and may be developed, copied, and adapted freely by your team during the Subscription. On termination, Customer Configurations are made available for export together with Customer Content (see Section 19). For clarity, Customer Configurations do not include the underlying Platform components, models, base prompts, or other Yesper intellectual property used to enable them.
License to us. You grant us a worldwide, non-exclusive, royalty-free license to access, host, copy, transmit, display, process, and otherwise use Customer Content solely for the purposes of (i) providing, securing, and supporting the Services to you; (ii) generating AI Output for you in response to your inputs; and (iii) producing aggregated and anonymized data that does not identify you, your Users, or your business.
No use for third-party AI training. We will not use Customer Content to train, fine-tune, or improve any artificial intelligence or machine learning models that are made available to third parties — including foundation models operated by our model providers — without your explicit prior written consent. This restriction applies to all Customer Content, including queries, prompts, uploaded files, and AI Output.
Aggregated data. We may use aggregated and anonymized data — data that does not directly or indirectly identify you, your Users, or any individual — for analytics, benchmarking, security, service improvement, and other internal business purposes.
Customer responsibility. You are responsible for the legality, accuracy, quality, and integrity of Customer Content, including obtaining all necessary rights, consents, and licenses to submit Customer Content to the Platform.
Ownership. As between you and us, and subject to your compliance with these Terms, you own the AI Output generated for you through the Platform in response to your inputs. We claim no ownership of AI Output you generate.
Output limitations. AI Output is generated by probabilistic models and may be inaccurate, incomplete, biased, outdated, or otherwise unsuitable for a particular purpose. AI Output may include hallucinations, errors of fact, or content that resembles outputs generated for other customers. You are solely responsible for reviewing, validating, and verifying AI Output before relying on it for any consequential decision, professional advice, regulatory submission, public statement, or other significant use.
No professional advice. AI Output does not constitute professional engineering, legal, financial, medical, or other regulated advice. You must apply your own professional judgment and (where required) the judgment of qualified human professionals.
Similarity to other outputs. Because the Platform serves multiple customers and AI models produce outputs that may share patterns, AI Output may resemble outputs we generate for other customers. We do not guarantee the uniqueness of AI Output.
Third-party rights. While we take reasonable steps to design the Platform to respect third-party rights, we make no warranty that AI Output is free of third-party intellectual property claims. You should review AI Output for potential third-party rights issues before publication or commercial use.
All intellectual property rights in the Services — including the Platform, software, models, model weights, prompts, design, algorithms, documentation, marketing materials, brand assets, and any improvements or derivatives thereof — are owned by or licensed to Omiwato Ventures AB. Nothing in these Terms transfers any such rights to you, except for the limited rights expressly granted.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform during the term of your Subscription, solely for your internal business purposes and in accordance with these Terms.
You may provide feedback, suggestions, or recommendations about the Services ("Feedback"). We may use Feedback without restriction, attribution, or compensation, and Feedback is provided on a non-confidential basis.
This Section 8 is subject to Sections 6 and 7 with respect to Customer Content and AI Output.
Each party (the "Recipient") may receive information from the other (the "Discloser") that is confidential or proprietary ("Confidential Information"). Confidential Information includes, on the part of Yesper, information about the Services (including the Platform's architecture, models, prompts, algorithms, pricing not yet published, and roadmap); on the part of the Customer, Customer Content and information about the Customer's business operations.
The Recipient agrees to:
(a) use Confidential Information solely to exercise its rights and perform its obligations under these Terms;
(b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar importance, but no less than a reasonable degree of care;
(c) not disclose Confidential Information to any third party except (i) to its employees, contractors, and advisors with a need to know who are bound by similar confidentiality obligations, or (ii) as required by law (in which case the Recipient will, where permitted, give the Discloser advance notice).
Confidential Information does not include information that the Recipient can demonstrate (i) was already known to it without obligation of confidence, (ii) is or becomes publicly available through no fault of the Recipient, (iii) was rightfully received from a third party without obligation of confidence, or (iv) was independently developed without use of Confidential Information.
The obligations in this Section 9 survive termination of these Terms for three (3) years, except that obligations relating to trade secrets continue for as long as the information remains a trade secret under applicable law.
To the extent we process Personal Data on your behalf as part of the Platform, we do so as a data processor under your instructions, and you act as data controller. The processing is governed by our Data Processing Agreement (DPA), which is incorporated into these Terms by reference and made available on request at legal@yesper.ai.
Our processing of personal data outside the Platform (such as account data and website data) is governed by our Privacy Policy.
We engage third-party sub-processors to assist in providing the Platform. Our current sub-processors are listed in our Sub-processors page and Privacy Policy and DPA. We will notify customers of material changes to our sub-processors in accordance with the applicable Customer Agreement or DPA.
Where we engage sub-processors, we remain responsible to you for their performance of the obligations they perform on our behalf under these Terms.
We will use commercially reasonable efforts to make the Platform available to you. The Platform is provided on a best-efforts basis under these public Terms; specific uptime commitments, service level objectives, and support response times apply only where expressly included in a Customer Agreement.
We may, from time to time:
We will use reasonable efforts to ensure that changes do not materially reduce the core functionality available to active customers. Where we discontinue a material feature, we will provide reasonable advance notice to active customers.
From time to time we may make features, services, or functionality available on a beta, preview, evaluation, or trial basis ("Beta Features"). Beta Features:
(a) are provided "as is" with no warranty of any kind;
(b) may be unstable, incomplete, or change frequently;
(c) may be discontinued at our sole discretion at any time;
(d) may be subject to additional terms presented at the time of availability.
You are not required to use Beta Features. If you do, you do so at your own risk and should not rely on them for production or business-critical purposes.
You agree that we may identify you as a customer of Yesper, including by displaying your name and logo on our website and in our marketing and sales materials, in a manner consistent with your usual brand guidelines. You may revoke this consent at any time by emailing legal@yesper.ai, in which case we will remove your name and logo from forward-looking marketing materials within a reasonable period.
Detailed customer references, case studies, or quotations require your separate prior written consent.
Access to the Platform is subject to fees as set out in your Customer Agreement, order form, or other applicable subscription documentation. Where no Customer Agreement is in place and the Services are made available through self-service registration, the applicable fees are those displayed at the time of registration.
Unless stated otherwise, fees are exclusive of VAT and any other applicable taxes, duties, or levies, which you are responsible for.
Payment terms, billing cycles, currency, and any applicable trial or introductory periods are specified in the relevant subscription documentation. Late payment may be subject to interest at the statutory rate under Swedish law (in accordance with the Interest Act (1975:635)).
We reserve the right to suspend access to the Platform for non-payment after providing reasonable notice and a reasonable opportunity to cure.
Read-only access during fee disputes. If you raise a good-faith fee dispute in writing, you will retain read-only access to your Customer Content in the Platform for the duration of the dispute resolution process, up to a maximum of sixty (60) days from the date the dispute is notified to us in writing.
We may update our pricing from time to time. Price changes affecting active subscriptions will not take effect until the next renewal term, unless otherwise agreed in your Customer Agreement.
To the fullest extent permitted by applicable law, the Services are provided "as is" and "as available" without warranty of any kind, express or implied. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, and uninterrupted operation.
Without limiting the foregoing, we do not warrant:
(a) that the Services will meet your requirements or expectations;
(b) that the Services will be uninterrupted, error-free, or completely secure;
(c) that any defects will be corrected;
(d) the accuracy, completeness, reliability, or appropriateness for any purpose of any AI Output or other content delivered through the Services;
(e) that AI Output will not contain errors, hallucinations, biases, or inaccuracies;
(f) that the Services or AI Output will be compliant with the specific requirements of your industry, project, or jurisdiction.
You acknowledge that AI Output is generated probabilistically and that you are solely responsible for reviewing and validating AI Output before relying on it for any decision (see Section 7).
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions our warranties are limited to the minimum extent permitted by law.
Excluded damages. To the fullest extent permitted by applicable law, neither party will be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunity, goodwill, or data, even if advised of the possibility of such damages.
Cap on direct damages. Subject to the immediately following paragraph, our total aggregate liability arising out of or in connection with these Terms (whether in contract, tort, breach of statutory duty, or otherwise) will not exceed the fees you paid us in the twelve (12) months preceding the event giving rise to the claim. Where you have paid no fees, our liability under this Section 17 is excluded to the fullest extent permitted by applicable law.
Exclusions from cap. Nothing in these Terms limits or excludes liability for:
(a) death or personal injury caused by negligent acts of a party;
(b) fraud or fraudulent misrepresentation;
(c) gross negligence or willful misconduct;
(d) any other liability that cannot be excluded or limited by mandatory applicable law;
(e) a customer's payment obligations;
(f) a customer's obligations under Sections 5, 6, or 18.
This Section 17 reflects an allocation of risk between the parties that is reflected in the fees charged.
Customer indemnity. You agree to defend, indemnify, and hold harmless Omiwato Ventures AB, its affiliates, and their respective directors, officers, employees, and contractors from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
(a) your or your Users' breach of these Terms or violation of applicable law;
(b) your Customer Content, including any claim that Customer Content infringes third-party rights or violates applicable law;
(c) your use of AI Output, including any claim arising from your reliance on, publication of, or distribution of AI Output;
(d) your willful misconduct or gross negligence in connection with the Services.
Procedure. The party seeking indemnification will (i) promptly notify the indemnifying party of the claim, (ii) tender sole control of the defense to the indemnifying party (subject to the indemnified party's reasonable approval of any settlement that imposes obligations on the indemnified party), and (iii) reasonably cooperate.
Term. These Terms apply for as long as you access or use the Services. The term, renewal, and termination of any specific Subscription are governed by the applicable Customer Agreement or registration terms.
Termination for cause. Either party may terminate these Terms (and any associated Subscription, subject to the applicable Customer Agreement) for material breach by the other party that is not cured within thirty (30) days after written notice describing the breach. We may terminate or suspend immediately for breaches of Sections 5 (Acceptable use) or 6 (Customer Content), or for non-payment after reasonable notice and a cure opportunity.
Effect of termination. On termination:
(a) your right to use the Services ends;
(b) all fees accrued before termination remain payable;
(c) we will provide a reasonable opportunity for you to export your Customer Content as specified in the applicable Customer Agreement (typically within 30 days of termination), after which we will delete or anonymize Customer Content unless retention is required by law;
(d) Sections that by their nature should survive — including Sections 6, 7, 8, 9, 10, 16, 17, 18, 22, and 23 — survive termination.
Neither party will be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunication outages, failures of third-party infrastructure or services, cyberattacks, or epidemics or pandemics ("Force Majeure"). The affected party will use reasonable efforts to mitigate the impact and resume performance promptly. If a Force Majeure event continues for more than ninety (90) days, the unaffected party may terminate the affected Subscription on written notice.
Each party will comply with all laws applicable to its activities under these Terms, including data protection laws (GDPR), the EU AI Act (Regulation 2024/1689), export control and sanctions laws, and anti-bribery and anti-corruption laws.
You will not use the Services in any manner or in any jurisdiction where doing so would cause us to be in violation of applicable law, including export and sanctions laws.
These Terms are governed by the laws of Sweden, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
Any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity thereof, that cannot be resolved through good-faith negotiation will be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) under the Rules for Expedited Arbitrations. The seat of arbitration will be Stockholm, Sweden. The language of the arbitration will be English unless the parties agree otherwise.
Notwithstanding the foregoing, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
Entire agreement. These Terms, together with any applicable Customer Agreement, DPA, and order forms, constitute the entire agreement between the parties regarding the Services and supersede all prior agreements and understandings on the subject.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force, and the invalid or unenforceable provision will be modified to the minimum extent necessary to be valid and enforceable while preserving the parties' original intent.
No waiver. No failure or delay in exercising any right under these Terms is a waiver of that right. A waiver of any breach is not a waiver of any other breach.
Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, except in the case of a merger, acquisition, or sale of substantially all assets, provided you give us prompt notice. We may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, or sale of assets.
Notices. Notices to us under these Terms must be sent in writing to legal@yesper.ai or by registered mail to our registered office in Sweden. Notices to you may be sent to the email address or postal address associated with your account.
Independent contractors. The parties are independent contractors. Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship.
Third-party beneficiaries. These Terms do not confer any rights on any third party.
We may update these Terms from time to time. When we make material changes we will update the "Last updated" date at the top of this page and, where appropriate, notify active customers by email or through the Platform.
Material changes take effect 30 days after the updated Terms are posted, except that changes required by law or affecting Beta Features may take effect immediately. Your continued use of the Services after the effective date of changes constitutes your acceptance of the updated Terms.
For questions or notices under these Terms:
Omiwato Ventures AB
Legal contact: legal@yesper.ai
Postal address: Pipersgatan 14, 112 24 Stockholm, Sweden