Terms of Service
DRAFT — for legal review. This document is a working draft. It has not yet been reviewed by a Singapore-qualified solicitor. Do not rely on it as legal advice. Have a lawyer review it before publishing.
These Terms govern the Sleepwell services provided by evercom.ai: reviews of, and improvements to, Amazon Web Services (AWS) accounts that you own or control.
AWS and Amazon Web Services are trademarks of Amazon.com, Inc. or its affiliates. evercom.ai is an independent company and is not affiliated with, endorsed by, or sponsored by Amazon Web Services.
1. The services
- Sleepwell Check-up (free): a read-only review of your AWS account's configuration, security settings, backups and costs, delivered as a written report with a peace-of-mind score and prioritised fixes, plus a call to walk you through it.
- Sleepwell Fix-up (one-off fee): everything in the Check-up, plus we work with you to implement the top findings agreed with you (normally the top 3), then rescan.
- Sleepwell Keep-up (monthly fee): recurring rescans, score tracking and alerts on new risks.
The exact scope of a Fix-up is the list of findings we agree with you in writing (email is fine) before work starts.
2. Access to your AWS account
(a) Read-only access. For the Check-up and Keep-up, you deploy a read-only access role into your AWS account using a template we provide. This role lets us read configuration, metadata, and cost and usage information. It is not designed to read the contents of your files, databases or applications.
(b) Changes need your approval. During a Fix-up, we make or guide changes only after you have approved each change in writing. You may choose to make the changes yourself while we guide you. Any elevated access you grant for a Fix-up is limited to the agreed work, and you should remove it when the work ends.
(c) You stay in control. You remain the owner of your AWS account and you may remove our access at any time. We will remind you to remove our roles when an engagement ends.
(d) AWS charges. Your AWS usage and charges remain between you and AWS. Our scans are designed to create no or only negligible AWS charges.
3. Fees and payment
(a) Prices. Check-up: free. Fix-up: US$499 one-off. Keep-up: US$199 per month. Prices exclude GST or other taxes, which will be added where applicable. Prices for a specific engagement are confirmed in writing before it starts.
(b) Fix-up. The Fix-up fee is payable before work starts. If we cannot start the agreed work for reasons on our side, we will refund it in full.
(c) Keep-up. Keep-up is billed monthly in advance and you may cancel at any time. Cancellation takes effect at the end of the month you have already paid for.
(d) Late payment. We may pause paid services while an invoice is more than 14 days overdue.
4. Your responsibilities and acceptable use
You agree:
- That you own the AWS accounts you ask us to review, or are authorised to grant us access to them;
- To give us accurate information and to tell us about anything in your account that needs special care, such as production systems or regulated data;
- To keep current backups of anything important before approving a change;
- Not to use the services, or our reports, to test, attack or gain access to systems you do not own or are not authorised to access;
- Not to resell or republish our reports or templates without our written agreement, other than sharing them within your business and with your advisers.
5. Our responsibilities
We will:
- Perform the services with reasonable care and skill;
- Use the least access needed, and only for the agreed services;
- Treat everything we learn about your account, including our findings, as confidential (see Section 7);
- Handle personal data as described in our Privacy Policy.
We are a small team. We do not currently offer a formal service level agreement or 24/7 support.
6. Reports and findings
(a) Estimates. Scores, savings and risk statements are estimates based on your account's configuration at the time of the scan. Actual results may differ.
(b) Use of reports. You may use our reports freely within your business. We keep ownership of our templates, tools and methods.
(c) Aggregated data. We may use aggregated, de-identified statistics, such as the average number of findings per account, to improve the services. These never identify you or your account.
7. Confidentiality
Each party will protect the other's non-public information with at least reasonable care, and will use it only for the services. A list of security weaknesses in your account is sensitive, so we share it only with the contacts you nominate. This obligation survives the end of the engagement.
8. No guarantees
A review lowers risk but cannot remove it. We do not guarantee that your AWS account is or will become secure, compliant or free of incidents, or that any particular saving will be achieved. To the maximum extent permitted by law, we disclaim all warranties not expressly stated in these Terms.
9. Limitation of liability
To the maximum extent permitted by law:
(a) Cap. Each party's total liability arising out of or relating to these Terms is limited to the greater of (i) the fees you paid us in the 12 months before the event giving rise to the claim and (ii) US$100.
(b) Exclusions. Neither party is liable for indirect or consequential loss, or for loss of profits, revenue, business, goodwill or data, however caused.
(c) Carve-outs. (a) and (b) do not apply to fraud, wilful misconduct, a breach of Section 4 (acceptable use), or liability that cannot be limited by law.
10. Ending an engagement
Either party may end an engagement at any time by email. If we end it without cause, we will refund any prepaid fees for work not yet done. When an engagement ends, please remove our access roles. We delete engagement data as set out in our Privacy Policy.
11. General
(a) Governing law. Singapore law.
(b) Disputes. We will first try to resolve any dispute in good faith. If that fails, the dispute goes to the Singapore courts.
(c) Assignment. You may not assign these Terms without our written consent. We may assign them to a successor entity, including if evercom.ai incorporates as a Singapore Pte Ltd.
(d) Notices. To us: evercomai01@gmail.com. To you: the email address you gave us.
(e) Entire agreement. These Terms, the Privacy Policy and any written scope we agree with you are the entire agreement between us.
(f) Severability. If any provision is unenforceable, the rest continues in force.
Acceptance. You accept these Terms by ticking the acceptance box on our enquiry form, by deploying our access role into your AWS account, or by paying for a service, whichever comes first.