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Terms of Service v1 - October 25, 2024

Introduction

Welcome to Progentic AI, a premier provider of advanced AI-driven solutions designed to empower businesses and individuals. By accessing or using the services provided by Progentic AI ("we," "our," or "us"), including our website, applications, and any related services (collectively referred to as the "Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). These Terms govern your access to and use of our Services, so please read them carefully.

Your continued use of our Services constitutes your acceptance of these Terms. If you do not agree to these Terms, you must discontinue using our Services immediately.

  1. Use of Services
    • Eligibility:

      You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into a binding contract with Progentic AI.

    • Account Registration:

      To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. Progentic AI is not liable for any loss or damage arising from your failure to protect your account information.

    • Prohibited Conduct:

      You agree not to engage in any of the following prohibited activities:

      • Using the Services for any illegal or unauthorized purpose.
      • Interfering with or disrupting the integrity or performance of the Services.
      • Attempting to gain unauthorized access to the Services or its related systems or networks.
      • Using the Services to infringe upon the intellectual property rights of others.
  2. Intellectual Property
    • Ownership:

      All content, materials, and intellectual property available through the Services, including but not limited to software, text, graphics, logos, and trademarks, are the property of Progentic AI or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes, subject to these Terms.

    • Restrictions:

      You may not copy, modify, distribute, sell, or lease any part of the Services or the content provided by Progentic AI without our prior written consent. Any unauthorized use of the Services or content may result in the termination of your access to the Services.

  3. Data Security and Privacy
    • Data Protection:

      Progentic AI is committed to protecting the privacy and security of your data. We employ industry-standard security measures to safeguard your information. However, you acknowledge and agree that no security measure is infallible, and we cannot guarantee the absolute security of your data.

    • Privacy Policy:

      Our collection, use, and disclosure of your personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as outlined in our Privacy Policy.

  4. Third-Party Services
    • Third-Party AI Providers:

      Our Services may integrate or interact with third-party AI providers to enhance functionality. While Progentic AI partners with trusted third-party service providers, we do not control and are not responsible for the services provided by these third parties. Your use of third-party services is subject to their respective terms and conditions.

    • No Endorsement:

      The inclusion of any third-party service on our platform does not imply endorsement or warranty by Progentic AI. You assume all risks associated with the use of any third-party service.

  5. Limitation of Liability
    • Release of Liability for Data Breaches and Service Interruptions:

      By using our Services, you agree to release, indemnify, and hold harmless Progentic AI, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, including but not limited to any breach of data, loss of service, or service interruption.

    • Release of Liability for Third-Party AI Providers:

      By using our Services, you also agree to release, indemnify, and hold harmless Progentic AI from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your use of third-party AI providers integrated into our Services. While Progentic AI makes reasonable efforts to partner with reliable providers, we cannot guarantee the accuracy, reliability, or security of third-party services, and you assume all risks associated with their use.

  6. Disclaimers
    • No Warranties:

      The Services are provided “as is” and “as available,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Progentic AI does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

    • Limitation of Damages:

      To the fullest extent permitted by applicable law, Progentic AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; or (e) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Services.

  7. Indemnification

    You agree to indemnify, defend, and hold harmless Progentic AI, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms, your use of the Services, or your violation of any rights of a third party.

  8. Termination

    Progentic AI reserves the right to terminate or suspend your access to the Services, without notice or liability, for any reason, including if you breach any of these Terms. Upon termination, your right to use the Services will immediately cease.

  9. Governing Law

    These Terms are governed by and construed in accordance with the laws of the state of Texas, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located within the state of Texas to resolve any legal matter arising from these Terms.

  10. Changes to These Terms

    We may update these Terms from time to time at our sole discretion. If we make material changes to the Terms, we will notify you by posting the updated Terms on our website and updating the “Last Updated” date above. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

  11. Contact Us

    If you have any questions or concerns about these Terms, please contact us at info@progentic.ai.