Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services provided by Protoperfect Labs ("Company," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms.

Plain language summary: Use our tools responsibly, respect intellectual property, and we'll provide a reliable service. Questions? Reach out.

1. Acceptance of Terms

By creating an account, accessing, or using any Protoperfect Labs service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not use our services.

We may modify these Terms at any time. Continued use after modifications constitutes acceptance. We will notify you of material changes via email or in-app notification.

2. Eligibility

To use our services, you must:

• Be at least 16 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into binding agreements
• Not be prohibited from using our services under applicable law
• Provide accurate and complete registration information

If you are using our services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Responsibilities

3.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Using strong, unique passwords and enabling multi-factor authentication when available

3.2 Account Information

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

4. Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business or personal purposes.

4.1 You May:

• Use our AI tools to generate, analyze, and process content
• Integrate our APIs into your applications in accordance with our documentation
• Store and export your data as permitted by your subscription plan
• Collaborate with team members if your plan includes team features

5. Prohibited Conduct

You agree not to:

• Illegal Activities: Use our services for any unlawful purpose or to violate any applicable laws
• Harmful Content: Generate, upload, or distribute content that is defamatory, harassing, threatening, or promotes violence or discrimination
• Intellectual Property Infringement: Use our services to infringe upon the intellectual property rights of others
• System Abuse: Attempt to gain unauthorized access, interfere with, or disrupt our services or infrastructure
• Reverse Engineering: Reverse engineer, decompile, or attempt to extract source code from our services
• Automated Abuse: Use automated means to access our services in a manner that exceeds reasonable use or circumvents rate limits
• Resale: Resell, sublicense, or redistribute our services without authorization
• Impersonation: Misrepresent your affiliation with any person or entity

6. Intellectual Property

6.1 Our Intellectual Property

All rights, title, and interest in our services, including software, algorithms, designs, trademarks, and documentation, are owned by Protoperfect Labs. These Terms do not grant you any rights to our intellectual property except the limited license to use our services.

The following are trademarks of Protoperfect Labs:

• Protoperfect™
• BRASS Protocol™
• Cortex™
• Pulse™
• Personal Intelligence Infrastructure™

6.2 Your Content

You retain ownership of content you create, upload, or input into our services ("Your Content"). By using our services, you grant us a limited license to process Your Content solely to provide the services you requested.

We do not claim ownership of Your Content, and we do not use Your Content to train our AI models.

6.3 Output Ownership

Subject to these Terms and applicable law, you own the outputs generated through your use of our services, provided that:

• The outputs do not infringe third-party rights
• You have complied with these Terms
• Ownership may be subject to your subscription plan terms

7. Subscription and Payment

7.1 Subscription Plans

Access to certain features requires a paid subscription. Plans, pricing, and features are described on our website and may be modified with notice.

7.2 Billing

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• All fees are non-refundable except as required by law or as stated in our refund policy
• You authorize us to charge your payment method for all applicable fees
• Failed payments may result in suspension or termination of access

7.3 Free Tiers and Trials

Free tiers and trials may be subject to usage limits and additional terms. We reserve the right to modify or discontinue free offerings at any time.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We may:

• Perform scheduled maintenance with reasonable advance notice
• Implement emergency maintenance without notice when necessary
• Modify, suspend, or discontinue features with reasonable notice

Service level agreements (SLAs) may apply to certain enterprise plans as separately agreed.

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Upon termination:

• Your access to services will cease
• You may export your data before termination
• No refunds will be issued for unused subscription periods unless required by law

9.2 Termination by Us

We may suspend or terminate your account if:

• You breach these Terms
• Your use poses a security risk
• We are required to do so by law
• Your account shows no activity for an extended period

We will provide notice before termination when practicable, except in cases of serious violations.

9.3 Effect of Termination

Upon termination, provisions that by their nature should survive will remain in effect, including intellectual property rights, disclaimers, limitations of liability, and dispute resolution.

10. Disclaimers

OUR 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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• Our services will meet your specific requirements
• Our services will be uninterrupted, timely, secure, or error-free
• AI-generated outputs will be accurate, complete, or suitable for any purpose
• Any defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROTOPERFECT LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM OR RELATED TO YOUR USE OF OUR SERVICES.

Our total aggregate liability for any claims arising from these Terms or your use of our services shall not exceed the greater of: (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow limitation of liability for certain damages, so some of the above limitations may not apply to you.

12. Indemnification

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

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create or process using our services

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at team@protoperfect.io to attempt to resolve disputes informally. We will attempt to resolve disputes within 30 days.

13.2 Arbitration

If informal resolution is unsuccessful, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English, and judgment may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

13.4 Exceptions

Nothing in this section prevents either party from seeking injunctive relief in court for intellectual property infringement or other urgent matters.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. For matters not subject to arbitration, the exclusive venue shall be the state and federal courts located in Delaware.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific services, constitute the entire agreement between you and Protoperfect Labs.

15.2 Severability

If any provision of these Terms is found to be 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 shall 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 our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or government actions.

16. Contact Information

For questions about these Terms: