Terms of Service
Last Updated: November 6, 2024
1. Introduction
Welcome to pd-ai ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at pd-ai.io (together or individually "Service") operated by pd-ai.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
2. Accounts and Registration
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
3. Use of Our Service
You agree not to use the Service for any unlawful purpose or in any way that interrupts, damages, or impairs the service. You are responsible for all content you upload and for compliance with all applicable laws.
3.1 Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
- Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service
3.2 Content Responsibility
You retain all rights to any content you submit, post, or display on or through the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing the Service to you.
You represent and warrant that you own or have the necessary rights to use and authorize us to use all content you submit, and that your content does not violate any third-party rights.
4. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of pd-ai and its licensors. Our trademarks may not be used in connection with any product or service without the prior written consent of pd-ai.
The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms constitutes a transfer of any intellectual property rights from us to you.
5. Payment and Subscriptions
Some parts of the Service may be billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (such as monthly or annually). Billing cycles are set based on the type of subscription plan you select.
5.1 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel it or we terminate it. You may cancel your subscription renewal through your account settings or by contacting us.
5.2 Refunds
Except when required by law, paid subscription fees are non-refundable. We may, at our sole discretion, offer refunds on a case-by-case basis.
6. Free Trial
We may offer a free trial for certain subscription plans. At the end of the free trial period, you will be charged the applicable subscription fee unless you cancel before the trial period ends.
7. Termination
We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Limitation of Liability
In no event shall pd-ai, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Service
- Any conduct or content of any third party on the Service
- Any content obtained from the Service
- Unauthorized access, use, or alteration of your transmissions or content
Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months prior to the event giving rise to the liability, or $100, whichever is greater.
9. Disclaimer of Warranties
Our Service is provided on an "AS IS" and "AS AVAILABLE" basis. pd-ai makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
We do not warrant that:
- The Service will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The Service is free of viruses or other harmful components
- The results of using the Service will meet your requirements
10. Indemnification
You agree to defend, indemnify, and hold harmless pd-ai and its licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your content caused damage to a third party
11. Dispute Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us.
11.1 Arbitration Agreement
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English and the arbitral decision may be enforced in any court.
11.2 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and there is no right or authority for any dispute to be brought in a purported representative capacity.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
14. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Service and informs users of our data collection practices.
15. Entire Agreement
These Terms constitute the entire agreement between you and pd-ai regarding the use of the Service, superseding any prior agreements between you and pd-ai relating to your use of the Service.
16. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: support@pd-ai.io
- General inquiries: hello@pd-ai.io