Terms of Service

Welcome to Winsera. These Terms of Service ("Terms") constitute a legally binding agreement between you (whether individually or on behalf of an enterprise entity, "Customer", "User", or "you") and PT Winsera Teknologi Nusantara ("Winsera", "we", "us", or "our"), governing your access to and use of Winsera and all Winsera products, platforms, SaaS workspaces, APIs, and digital solutions.

1. Acceptance of Terms & Authority

By accessing our websites, creating an account, subscribing to, or using any Winsera product, you affirm that:

• You have read, understood, and agree to be bound by these Terms and our Privacy Policy.
• You are at least 18 years of age or the legal age of majority in your jurisdiction.
• If entering into these Terms on behalf of an entity, you hold the legal authority to bind that entity.

2. Scope & Winsera Products Covered

These Terms apply to all software, products, platforms, and services provided by PT Winsera Teknologi Nusantara, including:

• Winsera's Products: All software products, software-as-a-service (SaaS) platforms, operating workspaces, mobile applications, and web services provided by Winsera.
• Autonomous AI Workflows: Agentic task coordination, automated background workers, and execution pipelines.
• Bespoke Software Engineering: Custom enterprise applications, mobile apps, web platforms, and cloud infrastructure engineered by Winsera.

3. Accounts, Workspaces & Security

When utilizing any Winsera product:

• Credentials: You are responsible for safeguarding your credentials, tokens, and API keys. Notify the Winsera Team immediately at solutions@winseratech.com if you suspect unauthorized access.
• User Permissions: Organization administrators manage user invites, access levels, and workspace roles.
• Information Integrity: You agree to provide accurate, up-to-date account details.

4. Acceptable Use Policy

You agree not to engage in, facilitate, or promote any of the following:

• System Vulnerability Testing: Probing, scanning, or penetration testing our infrastructure without prior written authorization.
• Malicious Payloads: Transmitting malware, viruses, or hazardous scripts through file uploads or inputs.
• Reverse Engineering: Decompiling, reverse engineering, or extracting source code from any proprietary Winsera product.
• Excessive Scraping: Automated scraping or denial-of-service attempts that degrade system stability for other users.

5. Customer Data & Intellectual Property Ownership

5.1 Customer Ownership

Customer exclusively owns all right, title, and interest in and to all Customer Data, files, task entries, documents, codebases, and assets uploaded to or created within Winsera products.

5.2 Platform License Grant

Customer grants Winsera a limited, non-exclusive license solely to host, transmit, and display Customer Data as necessary to provide and maintain the services.

5.3 Winsera Intellectual Property

Winsera retains all intellectual property rights in our products, software engines, design systems, algorithms, and branding.

6. Third-Party Integrations & Cloud Services

Winsera products integrate with external cloud platforms (including Google Drive, Supabase, and cloud infrastructure):

• Provider Terms: Use of third-party integrations is subject to the respective provider's terms.
• Google User Data Compliance: Where Winsera products interact with Google APIs, Winsera adheres strictly to the Google API Services User Data Policy, including the Limited Use requirements.
• External Uptime: Winsera is not liable for disruptions originating from third-party cloud infrastructure.

7. Fees, Subscriptions & Billing

• Plans & Cycles: Paid Winsera products and services are billed in advance on recurring monthly or annual schedules, or according to milestone schedules defined in an executed Statement of Work (SOW).
• Payment Gateways & Methods: Digital transactions and subscription settlements are handled through Bank Indonesia-licensed payment gateways (including Midtrans and DOKU). By submitting payment details, you authorize these gateways to process the transaction via your chosen method (Virtual Account, QRIS, Bank Transfer, or Payment Cards).
• Currency & Taxes: All pricing is specified in Indonesian Rupiah (IDR) or US Dollars (USD) as indicated. Fees exclude statutory taxes (such as Indonesian Value Added Tax / PPN 11-12%), which will be itemized on official tax invoices (Faktur Pajak) upon receipt of valid tax credentials (NPWP).
• Refunds: Except where explicitly mandated by applicable statutory law or governed by a specific signed service level agreement, fees for provisioned services and active SaaS billing periods are non-refundable.

8. Uptime, Service Levels & Support

We target 99.9% uptime for production Winsera products:

• Maintenance: Scheduled updates are conducted during low-traffic windows with advance notice.
• Support: Technical assistance is provided by the Winsera Team at solutions@winseratech.com during business hours (Monday–Friday, 09:00–18:00 WIB).

9. AI Features & Output Disclaimers

• Advisory Nature: AI-generated suggestions, code outputs, and scopes are probabilistic. Critical outputs should be validated by human teams before production use.
• Zero Model Training: Prompts, tasks, and data processed through AI features are never used to train generalized third-party models.

10. Warranties & Disclaimers

EXCEPT AS EXPRESSLY STATED, WINSERA PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION).
• TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CUSTOMER TO WINSERA IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.

12. Mutual Indemnification

Customer agrees to defend Winsera against third-party claims arising from Customer Data infringing intellectual property or violating the Acceptable Use Policy. Winsera agrees to defend Customer against claims alleging that core Winsera products directly infringe third-party patents or copyrights.

13. Termination & Data Export

• Termination for Cause: Either party may terminate immediately if a material breach is not cured within thirty (30) days of notice.
• Data Export: Upon cancellation, Customer has thirty (30) days to export workspace data before it is permanently purged.

14. Governing Law & Dispute Resolution

These Terms are governed by the substantive laws of the Republic of Indonesia. Any disputes shall first be resolved through good-faith negotiation for thirty (30) days, failing which they shall be submitted to the competent courts of South Jakarta, Indonesia, or resolved via the Indonesian National Board of Arbitration (BANI).

15. General Provisions

• Entire Agreement: These Terms and the Privacy Policy constitute the entire understanding between the parties.
• Severability: If any provision is deemed unenforceable, remaining terms remain in effect.