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Terms of Service

Last Updated: October 30, 2024

Terms of Service FAQs

Introduction

These Terms of Service ("Terms") govern your access to and use of the Pairenthesis platform (the "Service") provided by Pairenthesis ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms, our Privacy Policy, Acceptable Use Policy, Data Processing Agreement (DPA), Service Level Agreement (SLA), Security Policy, Enterprise Data Usage Policy, Software as a Service (SaaS) Agreement, and Ethics and AI Policy, which are incorporated by reference. If you do not agree, you may not use the Service.

Please read these Terms carefully. They contain important information regarding your legal rights, including limitations on our liability and your indemnification obligations.

Acceptance of Terms

By accessing or using the Service, you agree to comply with and be bound by these Terms, our Privacy Policy, Acceptable Use Policy, Data Processing Agreement (DPA), Service Level Agreement (SLA), Security Policy, Ethics and AI Policy, and all applicable laws and regulations. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

Account Registration

a. Account Information

  • Accuracy: You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

  • Security: You are responsible for safeguarding your account credentials and are liable for any activities conducted under your account.

  • Unauthorized Use: You must notify us immediately at support@pairenthesis.com of any unauthorized use of your account.

License Grant and Restrictions

a. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes.

b. License Restrictions

You agree not to:

  • Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying algorithms of the Service.

  • Modification: Modify, adapt, translate, or create derivative works based on the Service.

  • Sublicensing: Rent, lease, distribute, sell, sublicense, or transfer the Service to any third party.

  • Competitive Use: Use the Service to build a competitive product or service or for any other competitive purposes.

  • Unauthorized Access: Access the Service by any means other than our publicly supported interfaces.

Acceptable Use Policy

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated by reference into these Terms. You agree to comply with the Acceptable Use Policy at all times.

User Content

a. Ownership

You retain all rights to the data and content you upload ("User Content") to the Service.

b. License to Us

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, process, and display your User Content solely for the purpose of providing and improving the Service, in accordance with our Data Processing Agreement (DPA) and Enterprise Data Usage Policy.

c. Responsibility

You are solely responsible for your User Content. You represent and warrant that you have all necessary rights and permissions to upload and use the User Content and that such content does not violate any laws or third-party rights. For more details on how we handle your data, please refer to our Enterprise Data Usage Policy.

Intellectual Property Rights

a. Our Rights

All rights, title, and interest in and to the Service, including all related intellectual property rights, are and will remain the exclusive property of Pairenthesis and its licensors.

b. Feedback

If you provide any suggestions, comments, or feedback regarding the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback into the Service without any obligation to you.

Confidentiality

a. Definition

"Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be considered confidential given the nature of the information and the circumstances of disclosure.

b. Obligations

The Receiving Party shall:

  • Use Restrictions: Use the Confidential Information solely for the purpose of fulfilling its obligations under these Terms.

  • Non-Disclosure: Not disclose the Confidential Information to any third party without the Disclosing Party's prior written consent.

  • Protection: Protect the Confidential Information with at least the same degree of care as it uses to protect its own confidential information.

c. Exceptions

Confidential Information does not include information that:

  • Public Domain: Is or becomes publicly available without breach of these Terms.

  • Prior Knowledge: Was known to the Receiving Party before receipt from the Disclosing Party.

  • Third-Party Disclosure: Is received from a third party without restriction.

  • Independent Development: Is independently developed by the Receiving Party without use of the Confidential Information.

Fees and Payment

a. Subscription Fees

Access to certain features of the Service may require payment of subscription fees as described on our website. All payments are processed in USD. If applicable, Pairenthesis may order payments in other currencies. You are responsible for any currency exchange fees or adjustments due to exchange rates.

b. Billing and Payment

  • Payment Method: You authorize us to charge your designated payment method for all fees due.

  • Billing Cycle: Fees are billed in advance on a monthly or annual basis, depending on your subscription plan.

  • Taxes: You are responsible for all applicable taxes.

c. Fee Changes

We reserve the right to change subscription fees upon 30 days' notice. Fee changes will apply at the start of the next billing cycle.

d. Refunds

Fees are non-refundable except as required by law or at our sole discretion.

e. Right of Withdrawal for EU Users

If you are a consumer residing in the European Union, you may have a right to withdraw from this agreement within 14 days of your initial subscription, provided that you have not accessed paid features of the Service. Contact us at support@pairenthesis.com to exercise this right.

Warranties and Disclaimers

a. No Warranty

The Service is provided on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Service will be uninterrupted, error-free, or secure.

Limitation of Liability

a. Exclusion of Certain Types of Damages

To the fullest extent permitted by law, in no event shall Pairenthesis be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

b. Cap on Liability

Our total liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Pairenthesis, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to:

  • Your Use: Your use of the Service.

  • Violation of Terms: Your violation of these Terms.

  • Third-Party Rights: Your infringement or violation of any third-party rights.

Termination

a. Termination by You

You may terminate your account at any time by contacting us at support@pairenthesis.com.

b. Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms or for any other reason at our sole discretion.

c. Effect of Termination

Upon termination:

  • Access Ceases: Your right to access and use the Service will immediately cease.

  • Data Deletion: We may delete your User Content from our systems, in accordance with our Data Processing Agreement (DPA) and Privacy Policy.

  • Survival: Sections of these Terms that by their nature should survive termination shall survive (e.g., Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution).

Governing Law and Dispute Resolution

a. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

b. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its rules.

  • Location: Arbitration will take place in San Francisco, California.

  • Number of Arbitrators: One arbitrator.

  • Language: English.

c. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You acknowledge and agree that you waive the right to participate in a class action or collective arbitration.

d. EU Online Dispute Resolution

If you are a resident of the European Union, you may refer any dispute to the European Commission’s Online Dispute Resolution platform, available here.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the Service or by other means. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

Compliance with Laws

You agree to comply with all applicable laws and regulations in connection with your use of the Service. Pairenthesis complies with applicable data protection laws, including the GDPR for EU users, the CCPA for California residents, and any mandatory local consumer protection laws.

Third-Party Services and Open Source Software

a. Third-Party Services

The Service may contain links to third-party websites or services. We do not endorse and are not responsible for the availability, accuracy, or content of such third-party services.

b. Open Source Software

The Service may include open-source components, which are subject to their own license terms. By using the Service, you agree to comply with such license terms.

Severability and Waivers

a. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed, and the remaining provisions shall remain in full force and effect.

b. Waivers

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, Data Processing Agreement (DPA), Service Level Agreement (SLA), Security Policy, Ethics and AI Policy, and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pairenthesis regarding the Service and supersede all prior agreements.

Survival

Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to: Intellectual Property Rights, Confidentiality, Warranties and Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution.

Language and Interpretation

These Terms are drafted in the English language. Any translation is provided for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.

Contact Information

If you have any questions about these Terms, please contact us at:

Sub-processors List

We use third-party service providers ("Sub-processors") to assist in providing the Service. Below is a list of our current Sub-processors:

  1. Amazon Web Services (AWS): Cloud hosting and storage services.
  2. Stripe: Payment processing services.
  3. Google Analytics: Website analytics services.
  4. SendGrid: Email communication services.
  5. Intercom: Customer support and communication services.
  6. Slack: Internal communication and notifications.
  7. HubSpot: Customer relationship management (CRM) and marketing automation.

We ensure that all Sub-processors maintain security and privacy standards consistent with ours. We will update this list as necessary. You can request more information about our Sub-processors by contacting us at privacy@pairenthesis.com.

Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal data.

Additional Policies and Agreements

Your use of the Service is also subject to the following policies and agreements, which are incorporated into these Terms by reference: