Terms of Service

These Terms of Service ("Terms") govern your access to and use of the PivotAI website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Agreement to Terms

By accessing or using PivotAI's website, services, or software ("Services"), you agree to comply with and be bound by these Terms of Service. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

PivotAI provides AI-powered automation services, including:

• Marketing automation platforms and tools
• AI chatbots and virtual assistants
• CRM automation solutions
• Process automation services
• AI consulting and advisory services
• Data analytics and insights

2.1 Service Availability

• We strive to ensure Services are available 24/7, but cannot guarantee uninterrupted access
• We may perform scheduled maintenance that may temporarily interrupt Services
• We reserve the right to modify, suspend, or discontinue any Service at any time
• We are not liable for any loss or damage resulting from Service unavailability

3. User Accounts

3.1 Account Creation

To use certain Services, you may need to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account

3.2 Account Responsibility

• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access to your account
• You are liable for all activities that occur under your account
• You must not share your account credentials with others

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or any applicable laws
• You engage in fraudulent, abusive, or illegal activities
• You fail to pay required fees or charges
• You breach any other obligations under these Terms

4. Acceptable Use

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to:

4.2 Prohibited Activities

• Illegal Activities: Use Services for any unlawful purpose or in violation of any laws
• Harmful Content: Post, upload, or transmit any content that is harmful, offensive, or illegal
• Security Violations: Attempt to gain unauthorized access to Services or other systems
• Disruptive Behavior: Interfere with or disrupt Services or servers
• Reverse Engineering: Attempt to reverse engineer, decompile, or disassemble any software
• Data Mining: Use automated tools to scrape, crawl, or extract data from Services
• Competitive Use: Use Services to build competing products or services
• Unauthorized Access: Access Services through unauthorized means or tools

5. Payment and Billing

5.1 Fees

• Some Services require payment of fees
• All fees are displayed in the applicable pricing plans
• Fees are subject to change with 30 days' notice
• Additional fees may apply for premium features or add-ons

5.2 Billing

• Subscription fees are billed in advance on a recurring basis
• One-time setup fees are charged upon service activation
• All fees are exclusive of applicable taxes
• You agree to pay all fees associated with your account

5.3 Refunds

• Setup fees are generally non-refundable
• Subscription fees may be refunded on a prorated basis for unused time
• Refund requests must be submitted within 14 days of the transaction
• Refunds are at our sole discretion

5.4 Payment Methods

• We accept major credit cards, debit cards, and bank transfers
• All payments are processed through secure third-party payment processors
• We do not store your payment card information
• You authorize us to charge the payment method associated with your account

6. Intellectual Property

6.1 Ownership

All content, features, and functionality of our Services are owned by PivotAI and are protected by intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our Services for business purposes
• Use our software and tools as authorized by your subscription plan
• Download and print content for your internal business use

6.3 Restrictions

• You may not copy, modify, or distribute any part of our Services
• You may not use our intellectual property to create derivative works
• You may not remove any proprietary notices or labels
• You may not reverse engineer or attempt to extract source code

6.4 Your Content

You retain ownership of content you submit to our Services. By submitting content, you grant us a license to use, display, and process such content solely to provide and improve our Services.

7. Service Level Agreement (SLA)

7.1 Uptime Commitment

• We strive to maintain 99.9% uptime for our Services
• Uptime is measured monthly and excludes planned maintenance
• If we fail to meet the uptime commitment, you may be eligible for service credits
• Service credits cannot be exchanged for cash refunds

7.2 Support

• Support availability depends on your subscription plan
• Basic plans include email support with 48-hour response time
• Premium plans include priority support with 24-hour response time
• Enterprise plans include dedicated support with SLA guarantees

8. Data and Privacy

8.1 Your Data

• You own all data you upload or provide to our Services
• We process your data solely to provide Services to you
• We do not sell your data to third parties
• You are responsible for ensuring you have the right to use data you provide

8.2 Our Data Rights

• We may use aggregated, anonymized data to improve our Services
• We may use your data to provide Services and support
• We may access your data to respond to technical issues
• We will not access your data unless necessary for service delivery

8.3 Privacy Policy

Our collection and use of personal information is governed by our Privacy Policy.

9. Warranties and Disclaimers

9.1 Service Warranties

• We warrant that Services will function substantially as described
• We will use commercially reasonable efforts to maintain Service availability
• We will provide services with reasonable care and skill

9.2 Disclaimers

• Services are provided "as is" without warranties of any kind
• We do not guarantee that Services will be error-free or uninterrupted
• We do not guarantee specific results or outcomes from using our Services
• We disclaim all implied warranties to the extent permitted by law

10. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, or consequential damages
• Our total liability is limited to the amount you paid in the 12 months preceding the claim
• We are not liable for loss of profits, data, or business opportunities
• These limitations apply even if we have been advised of the possibility of such damages

11. Indemnification

You agree to indemnify, defend, and hold harmless PivotAI and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of any intellectual property rights
• Content or data you submit to our Services

12. Termination

12.1 Termination by You

• You may cancel your account at any time through your account settings
• Contact our support team to initiate account cancellation
• You are responsible for any outstanding fees before termination
• Some data may be retained as required by law or our policies

12.2 Termination by Us

• We may suspend or terminate your access for violation of these Terms
• We may terminate your account if you fail to pay required fees
• We may discontinue Services at any time with 30 days' notice
• Upon termination, your right to use Services immediately ceases

12.3 Effect of Termination

• Upon termination, we may delete your account and data
• You may request a copy of your data within 30 days of termination
• Provisions that survive termination include: Intellectual Property, Limitation of Liability, and Dispute Resolution

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting a notice on our website
• Sending an email to the address associated with your account
• Providing 30 days' advance notice of material changes

Your continued use of Services after changes become effective constitutes acceptance of the modified Terms.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Dispute Resolution

• Disputes will be resolved through good faith negotiations
• If negotiations fail, disputes will be resolved through binding arbitration
• Arbitration will be conducted in Mumbai, Maharashtra, India
• You waive any right to a jury trial or class action lawsuit

15. Miscellaneous

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and PivotAI.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

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

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

15.5 Contact Information

For questions about these Terms, please contact us at legal@pivotdigitalmedia.com

16. Contact Us