Terms of Service

1. Acceptance

By purchasing, downloading, or using Esper ("the App") you agree to these Terms.

2. Eligibility

You must be 13 years or older to use the App. If you are under the age where you live that requires parental consent to use online services, you must have that consent.

3. License

We grant you a personal, non-exclusive, non-transferable license to use Esper on devices you own or control, subject to Apple's App Store terms.

4. Gemma Model Terms

Esper may include or allow you to load Gemma family models from Google. Your use of those models is governed by the Gemma Terms of Use. In particular:

• Permitted Uses: You may use, reproduce, modify, distribute, perform or display Gemma models and derivatives as allowed by the Gemma Terms.
• Distribution Requirements: If you distribute Gemma models or derivatives (including via Esper's sharing features), you must:
  • Include Section 3.2 (Use Restrictions) of the Gemma Terms in your own terms;
  • Provide a copy of the Gemma Terms to recipients;
  • Mark any modified files;
  • Include the following notice in a prominent "NOTICE" file:
    "Gemma is provided under and subject to the Gemma Terms of Use found at ai.google.dev/gemma/terms."
• Prohibited Uses: You may not use Gemma models for any uses disallowed by the Gemma Prohibited Use Policy or applicable law. Google may terminate your access for non-compliance.
• Model Derivatives vs. Outputs: Derivative models (fine-tunes, distillations) are subject to the Gemma Terms; raw outputs generated by models are your content, and Google claims no rights to them.
• Intellectual Property & Trademarks: You acquire no rights to Google's trademarks or branding. You may not imply any endorsement by Google.
• Termination: Breach of these requirements may require you to delete all copies of Gemma models and derivatives and terminate your rights under the Gemma Terms.

5. MedGemma Model Terms

Esper may include or allow you to load MedGemma models from Google. Your use of those models is governed by the MedGemma Terms of Use. In particular:

• Permitted Uses: You may use, reproduce, modify, distribute, perform or display MedGemma models and derivatives as allowed by the MedGemma Terms.
• Distribution Requirements: If you distribute MedGemma models or derivatives, you must follow the distribution and attribution rules specified in the MedGemma Terms, including providing notice and copies of those Terms to recipients.
• Prohibited Uses: You may not use MedGemma models for any uses disallowed by the MedGemma Prohibited Use Policy or applicable law, including restrictions on sensitive health-related applications. Google may terminate your access for non-compliance.
• Model Derivatives vs. Outputs: Derivative models are subject to the MedGemma Terms; outputs generated are your content, and Google claims no rights to them.
• Healthcare Data Compliance: Any use of MedGemma that processes personal health information must comply with applicable healthcare privacy laws (e.g., HIPAA, PHIPA), and you are solely responsible for obtaining any necessary consents.
• Termination: Breach of these requirements may require you to delete all copies of MedGemma models and derivatives and terminate your rights under the MedGemma Terms.

6. Llama 3.2 Model Terms

Esper may include or allow you to load Llama 3.2 family models from Meta. Your use of those models is governed by the Llama 3.2 Community License Agreement and Acceptable Use Policy. In particular:

• Acceptable Use: You must use Llama 3.2 models in accordance with the Acceptable Use Policy, which prohibits illegal, harmful, or unethical activities.
• Distribution and Attribution: If you distribute Llama 3.2 models or derivatives, you must include a copy of the license, prominently display "Built with Llama," and attribute Meta as required.
• Prohibited Uses: You may not use Llama 3.2 for any applications disallowed by the Acceptable Use Policy, which includes restrictions on military, illegal weapons, and other high-risk activities.
• Ownership: While you own the derivative models you create, Meta retains ownership of the original Llama Materials. Outputs you generate are your own.
• Commercial Use: If your product or service has more than 700 million monthly active users, you must request a special license from Meta.
• Termination: Your license may be terminated if you breach the terms of the agreement, requiring you to cease use and delete all copies of the Llama Materials.

7. User responsibilities

Provide and manage your own API keys.

Comply with each LLM provider's terms, pricing, and usage limits.

We are not responsible for lost data, including chat history or custom GPTs.

Don't use Esper for illegal, harmful, or abusive activities.

8. Third-party services & charges

Esper simply forwards your requests to the LLM provider you select. You are solely responsible for any fees those providers charge. We do not mediate billing disputes between you and them.

9. AI outputs & disclaimers

No guarantees. AI models can produce inaccurate, offensive, or misleading content ("hallucinations").

No professional advice. Outputs are for informational purposes only. Verify independently before relying on them.

As-is. The App and all outputs are provided "as is" without warranties of any kind, express or implied.

10. Limitation of liability

To the fullest extent permitted by law, we (and our affiliates, officers, and employees) are not liable for any direct, indirect, incidental, or consequential damages arising from:

• your use of or reliance on AI outputs;
• actions or policies of third-party providers;
• loss of data, profits, or business;
• any other claim related to the App.

If we are found liable despite the above, our total liability will not exceed the amount you paid to purchase Esper.

11. Indemnity

You agree to defend and indemnify us against any claims, losses, or expenses (including legal fees) arising from your use of the App or violation of these Terms.

12. Governing law & venue

These Terms are governed by the laws of Canada. Any disputes will be resolved in the courts of Canada.

13. Termination

You may stop using Esper at any time. We may suspend or terminate your access if you violate these Terms or applicable laws. Sections 9–12 survive termination.

14. Changes to the Terms

We may modify these Terms. Updated versions will appear in-app or on the App Store listing. Continued use after a change constitutes acceptance.

15. Contact

Questions or concerns? Email [email protected].