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Puncta AI, Ltd.

Terms of Service

Last Updated: 11thJune 2024

Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE WEBSITE OR USE OUR SERVICES. IF THESE TERMS ARE CONSIDERED AN OFFER BY PUNCTA AI, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION TO USE OUR SERVICES. YOU REPRESENT AND WARRANT THAT YOU MEET THE APPLICABLE AGE REQUIREMENTS AND ARE COMPETENT TO AGREE TO THESE TERMS.

These Terms of Service ("Terms") form a binding agreement between you (the visitor or user, referred to as "you" or "your") and Puncta AI Inc. ("Puncta AI", "our", "us", or "we"). These Terms govern your access to the Puncta AI website at https://puncta.ai ("Website") and your use of any hosted software and applications, including but not limited to widgets, APIs, libraries, plug-ins, modules, and hosting services ("Hosted Services"; collectively, the "Services").

If you are using our Services on behalf of a company or other entity (an "Organization"), you represent and warrant that you have the authority to bind that Organization to these Terms. If you do not have such authority, you may not access or use our Services. Your acceptance of these Terms will bind your Organization to these Terms. We may share information about your use of our Services with your Organization. The terms "you" and "your" will refer to both you and your Organization.

If you are using our Hosted Services, you must also agree to our Master Services Agreement ("MSA"). In the event of any inconsistency between these Terms and the MSA, the MSA will govern.

1. Your Right to Use Our Services

Subject to your compliance with these Terms, Puncta AI grants you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services. You may not distribute or rent the Services. You do not have any rights to the source code of the Services and may not modify, reverse engineer, or decompile the software included in the Services.

We may update or change the Services at any time, and only the current version of the Services will be available to you. This right to use the Services includes fixes, patches, updates, and developments.

The Services may contain open-source software components subject to their own license terms. In case of conflict between the open-source software license and these Terms, the open-source software license will take precedence.

2. Your Puncta AI Account

Your account on our Services (your "Services Account") allows you to access our Services. Different types of accounts may be available for different users. You do not own your Services Account.

If you create an account, you are responsible for maintaining its security and are liable for all activities under the account. You must not use the account in a misleading or unlawful manner. Notify Puncta AI immediately of any unauthorized use of your account or security breaches. Puncta AI will not be liable for any acts or omissions by you, including damages incurred due to such acts or omissions.

3. Restrictions and Acceptable Use

You agree to use the Services only for their intended purposes and in compliance with all applicable laws. You must prevent unauthorized access to the Services and notify Puncta AI of any unauthorized use.

You agree not to:

  • Copy, rent, lease, sell, transfer, sublicense, or modify the Services or our intellectual property.
  • Reverse engineer or extract any proprietary source code.
  • Use automated means to access or collect data from the Services.
  • Use the Services for artificial intelligence research or development.
  • Use the Services in competition with us or for competitive analysis.
  • Interfere with the stability or performance of the Services.
  • Remove or obscure any proprietary notices.
  • Use the Services to violate any laws, regulations, or rights of any person.

4. Terms Applying to Your Content

You retain ownership of all information, data, and content provided through the Services ("Your Content"). For Organizational accounts, we may assume all Your Content belongs to the Organization.

You grant Puncta AI an irrevocable, perpetual, worldwide license to use, copy, store, and modify Your Content to provide and improve our Services. Puncta AI may grant sublicenses to contractors for the same purposes.

You represent and warrant that:

  • Your Content does not infringe any rights of Puncta AI or third parties.
  • You have obtained all necessary permissions for any third-party intellectual property included in Your Content.
  • Your Content complies with all applicable licenses.
  • Your Content is free of harmful components and does not violate any laws.

Puncta AI reserves the right to refuse or remove any content that violates our policies or is deemed harmful. Puncta AI may terminate your access to the Services at its discretion.

5. Paid Services

Pricing for the Services is available at pricing.

6. Responsibility of Website Visitors

Puncta AI has not reviewed all content posted on the Website and is not responsible for its use or effects. The Website may contain offensive or inaccurate content. Puncta AI disclaims responsibility for any harm resulting from the use of the Website.

7. Content Posted on Other Websites

Puncta AI has not reviewed all material available through websites linked to or from our Website. Puncta AI does not control these non-Puncta AI websites and is not responsible for their content. Use of these websites is at your own risk.

8. Intellectual Property

The Website and all Services are the intellectual property of Puncta AI. Using our Services does not grant you any rights to our intellectual property. Puncta AI and related logos are trademarks of Puncta AI. You may not use any Puncta AI trademarks without our permission.

9. Feedback

You may submit feedback or ideas about our Services. You grant Puncta AI a worldwide, perpetual, royalty-free license to use and incorporate your feedback without compensation.

10. Trademarks

You consent to Puncta AI's use of your name and logo in marketing materials. You may decline this license by emailing support@puncta.ai.

11. Mailing List

By signing up, you subscribe to our mailing list. You can unsubscribe at any time.

12. Changes

Puncta AI may modify these Terms at any time. Changes will be notified by updating the 'last modified' date and notifying you of material changes. Continued use of the Services constitutes acceptance of the new Terms.

13. Suspension or Termination

Puncta AI may terminate your access to the Services at any time. If your paid account is terminated before its expiration, a pro rata refund will be provided. Abusive behavior towards Puncta AI employees may result in immediate termination.

14. Disclaimer and Warranties

The Services are provided "as is" without warranties. Puncta AI disclaims all warranties, including implied warranties of merchantability and fitness for a particular purpose. Use the Services at your own risk.

15. Limitation of Liability

Puncta AI is not liable for indirect, incidental, or consequential damages. Our liability is limited to the amount you paid us or $100, whichever is lower.

16. General Representation and Warranty

You represent and warrant that your use of the Services complies with all applicable laws and does not infringe any third-party rights.

17. Indemnification

You agree to indemnify Puncta AI against any claims arising from your use of the Services or violation of these Terms.

18. Dispute Resolution

Disputes will be resolved by binding arbitration in Los Angeles, California. Class actions are waived.

19. Miscellaneous

These Terms constitute the entire agreement between you and Puncta AI. Any modifications must be in writing. Any part of these Terms found invalid will be construed to reflect the parties' original intent, and the remaining terms will remain in effect.

20. Modifications

Puncta AI may revise these Terms at any time. Material changes will be notified. Continued use of the Services constitutes acceptance of the current Terms.

21. Entire Agreement / Severability

These Terms, along with any additional agreements, constitute the entire agreement between you and Puncta AI. If any provision is deemed invalid, the remaining provisions will remain in effect.

22. Construction and Interpretation

Terms like “include,” “includes,” and “including” are deemed to be followed by “without limitation”. Any ambiguities will not be construed against Puncta AI.

23. No Waiver

Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

24. Contact Information

If you have any questions or concerns, please email support@puncta.ai.