TERMS OF SERVICE

Last Updated: September 1, 2025

Please read these Terms carefully before using our services. By accessing or using NEOWISE products, you agree to be bound by these Terms and our Privacy Policy.

1. INTRODUCTION

NEOWISE ("NEOWISE," "we," "us," or "our") provides products and services solely on the terms and conditions set forth in these NEOWISE General Terms and Conditions (this "Agreement" or the "Terms") and on the condition that Customer accepts and complies with them.

ACCEPTANCE OF TERMS: BY CLICKING "I ACCEPT", BY EXECUTING OR SUBMITTING ANY ORDER FORM, OR BY ACCESSING OR USING THE NEOWISE PRODUCT(S) IN ANY MANNER, CUSTOMER:

  • ACKNOWLEDGES THAT IT HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY THESE TERMS;
  • AFFIRMS THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION);
  • IF ACCEPTING ON BEHALF OF A COMPANY OR ORGANIZATION, REPRESENTS AND WARRANTS THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY.

2. SCOPE AND DEFINITIONS

2.1 Scope

These Terms apply to the licensing of NEOWISE Products, as ordered by Customer in the applicable Order Form. NEOWISE extracts text, tables, images, and additional metadata from unstructured files, including but not limited to PDFs, Excels, CSVs.

2.2 Definitions

Capitalized terms not otherwise defined shall have the meaning set forth in this section:

"Acceptance Date" means the date on which Customer signs the Order Form.
"Affiliate" means any entity that controls, is controlled by, or is under common control with another entity (more than 50% ownership).
"Agreement" means collectively these Terms and the Order Form executed by the parties.
"Authorized User" means a customer employee or contractor authorized to use the Product.
"Customer" means the company defined in the Order Form that orders the Product.
"Customer Data" means any data, information, or content made available by Customer for processing by the Product.
"Documentation" means NEOWISE's published user documentation for the Product.
"Fee" means any fees which Customer is required to pay under this Agreement.
"High Risk Activity" means any situation where Product use or failure could lead to death, bodily injury, or environmental damage.
"Order Form" means the document specifying the options chosen by Customer for the Product.
"Product" means NEOWISE Software and/or NEOWISE SaaS provided to Customer.
"Term" means the duration of the license subscription as set forth in the Order Form.

3. OWNERSHIP

3.1 Intellectual Property Rights

NEOWISE retains all rights, title, and interest, including all Intellectual Property Rights, in and to the NEOWISE Properties. Customer retains all rights to Customer Data.

3.2 No Rights by Implication

Except for rights expressly granted, no license or right is granted to Customer by implication or otherwise.

3.3 Feedback

Customer assigns to NEOWISE all right, title and interest in any feedback provided about the Products. NEOWISE may use such feedback without compensation or obligation.

3.4 Open Source Components

Certain software components may be covered by open source licenses. Their terms will apply in lieu of this Agreement where required.

4. FEES AND TRIALS

4.1 Payment Terms

Fees are due thirty (30) days after receipt of an undisputed invoice. All Fees are non-refundable and non-cancellable except as otherwise set forth herein.

4.2 Renewal Term Fees

NEOWISE may modify Fees for any renewal upon sixty (60) days' written notice.

4.3 Subscriptions and True-up

Product licenses are purchased for the stated Term. Additional licenses may be added during a Term at the same pricing.

4.4 Interest

Late payments bear interest at 1.5% per month, or the maximum allowed by law.

4.5 Taxes

All Fees are exclusive of taxes. Customer is responsible for all applicable taxes.

4.6 Trials

NEOWISE may provide trial access for evaluation purposes only. Access ceases upon trial expiration unless a subscription is purchased.

5. WARRANTY AND LIABILITY

5.1 Limited Warranty

NEOWISE warrants that:

  • NEOWISE Software will conform to Documentation for the first three (3) months
  • NEOWISE SaaS will conform to Documentation during the Term

This warranty does not apply to Trial use of the Product.

5.2 Representation

Each party represents that it has validly entered into this Agreement and has the legal power to do so.

5.3 Remedy

If the Product does not conform to warranty, NEOWISE will, at its election:

  • Correct the nonconformity
  • Replace the nonconforming Product
  • Terminate and provide a pro-rata refund

5.4 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED, THE NEOWISE PROPERTIES ARE PROVIDED "AS IS" AND "AS-AVAILABLE". NEOWISE DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

NEOWISE DOES NOT GUARANTEE ERROR-FREE OPERATION OR COMPLETE ACCURACY FOR EXTRACTED OUTPUTS.

CUSTOMER ASSUMES ALL RISK IN CONNECTION WITH ITS USE OF THE NEOWISE PROPERTIES.

5.5 Liability

TO THE EXTENT PERMITTED BY LAW:

  • NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • EACH PARTY'S LIABILITY WILL BE LIMITED TO FEES PAID IN THE 12 MONTHS PRECEDING THE INCIDENT

6. INDEMNITY

6.1 Indemnity of Customer

NEOWISE will defend Customer against claims that the Product infringes third-party Intellectual Property Rights, subject to certain conditions and exclusions.

6.2 Indemnity of NEOWISE

Customer will defend NEOWISE against claims arising from:

  • Customer's violation of this Agreement or applicable law
  • Infringement claims related to Customer Data
  • Submission of Sensitive Content
  • Unauthorized use of the Product
  • Issues with Customer Systems

6.3 Exclusive Remedy

This section states the indemnifying party's sole liability and the indemnified party's exclusive remedy for relevant claims.

7. CONFIDENTIAL INFORMATION AND CUSTOMER DATA

7.1 Confidential Information

Confidential Information includes information marked as confidential or that a reasonable person would understand to be confidential. The Product and Documentation are NEOWISE's Confidential Information.

7.2 Use and Disclosure

The Recipient shall not use Confidential Information except for performing obligations under this Agreement and shall protect it with reasonable care.

7.3 Data Protection

Each party warrants compliance with applicable data privacy laws. A separate data processing agreement may be required for GDPR compliance.

7.4 Access to Customer Data

Customer is responsible for obtaining all consents and permissions required for the Product to access Customer Data. NEOWISE is not liable for issues arising from Customer Data.

7.5 No Sensitive Content

THE PRODUCT IS NOT DESIGNED TO PROCESS SENSITIVE CONTENT. Customer shall not provide Sensitive Content to NEOWISE and is solely responsible for all Customer Data.

7.6 Storage of Customer Data

NEOWISE is not a provider of data backup services. Customer is solely responsible for backing up and retaining all Customer Data.

8. TERM AND TERMINATION

8.1 Term

This Agreement remains in effect during the Term of any unexpired Order Form. Order Forms may not be terminated for convenience during the Term.

8.2 Auto-Renewal

Order Forms automatically renew for successive periods unless either party cancels in writing at least sixty (60) days before expiration.

8.3 Termination for Breach

Either party may terminate for material breach if not cured within thirty (30) days after written notice.

8.4 Termination for Insolvency

Either party may terminate if the other becomes insolvent or unable to pay debts.

8.5 Effect of Termination

Upon termination, all licenses terminate, Customer must stop using the Product, and NEOWISE has no further obligation to provide the Product.

8.6 Survival

Certain provisions survive termination, including those related to ownership, fees, warranty disclaimer, limitation of liability, indemnity, and confidentiality.

9. MISCELLANEOUS

9.1 Notices

All notices must be in writing. Customer shall send notices to neowise.helpdesk@gmail.com.

9.2 Publicity

NEOWISE may identify Customer as a customer in promotional materials. Customer may opt out by emailing NEOWISE.

9.3 Governing Law and Dispute Resolution

Parties agree to attempt informal resolution before arbitration. Certain claims are excluded from arbitration.

9.4 Other Provisions

Includes provisions on export compliance, assignment, severability, entire agreement, and other standard contractual terms.

10. NEOWISE SOFTWARE

Details the specific terms governing use of NEOWISE Software, including license rights, restrictions, support, and installation requirements.

11. NEOWISE SAAS

Details the specific terms governing use of NEOWISE SaaS, including access rights, restrictions, support, and technical requirements.

12. CONTACT US

If you have questions about these Terms, please contact us at neowise.helpdesk@gmail.com.

PLEASE READ THIS

Your continued use of the Software constitutes acceptance of these Terms. NEOWISE may update these Terms at any time. If you do not agree with any part of these Terms, you must discontinue use immediately.

Back to Home