Effective Date: December 17, 2024
THESE TERMS OF SERVICE (the “Agreement”) GOVERN YOUR ACCESS TO AND USE OF THE SERVICES PROVIDED BY PINPOINT INTERACTIVE, LLC (“Nora,” “we,” “us,” “our”). BY (A) SIGNING UP FOR A FREE OR PAID ACCESS PLAN FOR THE SERVICE, (B) PURCHASING ACCESS THROUGH AN ONLINE ORDER PROCESS THAT REFERENCES THIS AGREEMENT, OR (C) ACCEPTING THESE TERMS ELECTRONICALLY, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY (“Customer,” “you”), YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
1. The Services
1.1 Service Description
Nora is an AI-powered customer service solution that automates email responses, integrates with third-party platforms, and provides tools such as website scraping, PDF knowledge ingestion, and trend analysis (the “Services”). Users may upload files, configure instructions, and interact with Nora via the platform. All configurations, uploads, or inputs provided by the Customer are considered “User Submissions.”
1.2 Customer Access and Subscription
Subject to this Agreement, Nora grants you a non-exclusive, non-transferable, limited right to access and use the Services during your subscription term. Access is granted solely for your internal business operations and may not be shared with third parties unless otherwise authorized. Subscriptions are managed via online orders or agreements between the parties.
1.3 Ownership
Nora retains all rights, title, and interest in the Services, software, documentation, templates, and other proprietary materials (collectively, the “Nora Materials”). No licenses are granted except as expressly stated herein. Any rights not explicitly granted are reserved by Nora.
1.4 Permissions and Affiliates
You may authorize individuals (“Users”) to access the Services on your behalf. You are responsible for all User actions and compliance with this Agreement. You may extend access to Affiliates, but you remain fully liable for their compliance and actions.
2. Use of the Service
2.1 Acceptable Use
You agree not to:
(a) Modify, reverse engineer, or attempt to access the source code of the Services.
(b) Use the Services to violate laws, regulations, or third-party rights.
(c) Interfere with the performance, integrity, or security of the Services.
(d) Use the Services to create a competing or similar product.
2.2 Third-Party Services
Nora may integrate with third-party applications such as Shopify, Stripe, or Postmark (“Third-Party Services”). Your use of Third-Party Services is subject to their separate terms and conditions. Nora is not responsible for disruptions or data loss caused by Third-Party Services.
3. Financial Terms
3.1 Fees and Payments
You agree to pay all fees specified in your subscription order. Fees are non-cancellable and non-refundable, except as explicitly stated in this Agreement. Subscriptions automatically renew unless terminated.
3.2 Taxes
All fees are exclusive of taxes, and you are responsible for paying applicable taxes.
3.3 Payment Failures
If payment is overdue, Nora may suspend your access to the Services until outstanding amounts are paid.
4. Term and Termination
4.1 Term
This Agreement begins on the date you accept it and continues for the subscription term specified in your order. Subscriptions renew automatically unless canceled prior to renewal.
4.2 Termination
Either party may terminate this Agreement with written notice if the other party materially breaches and fails to cure such breach within 30 days. Nora may suspend your access if you violate these Terms or fail to make timely payments.
4.3 Effect of Termination
Upon termination, your access to the Services will cease, and Nora may delete all User Submissions and related data after 30 days.
5. Confidentiality
Each party agrees to protect the other party’s confidential information, using at least the same degree of care as it does for its own confidential data. Confidential information excludes publicly known information or information independently developed without breach.
6. Data and Privacy
6.1 User Data
You retain ownership of all User Submissions and other data you upload to the Services. Nora may process and use User Submissions solely to provide and improve the Services.
6.2 Security
Nora implements reasonable security measures to protect User Submissions and Customer Data.
6.3 Privacy Policy
Your use of the Services is governed by Nora’s Privacy Policy, which describes how we handle personal data.
7. Warranties and Disclaimers
7.1 No Warranties
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOR DOES NORA WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SERVICES. NORA’S TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.
9. 100% Money-Back Guarantee
If you are not satisfied with Nora’s performance within the first 30 days of your initial subscription, you may request a full refund. Refund requests must be submitted in writing to [email protected] and include your account information. Refunds will be issued at Nora’s sole discretion and typically processed within 10 business days. This guarantee applies only to first-time subscribers and does not apply to renewal periods or upgrades.
10. General Terms
10.1 Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in Hillsborough County, Florida.
10.2 Force Majeure
Nora will not be liable for failure to perform caused by circumstances beyond its reasonable control, such as natural disasters, cyberattacks, or governmental actions.
10.3 Amendments
Nora reserves the right to update these Terms. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
10.4 Entire Agreement
This Agreement, including any referenced policies or addendums, constitutes the entire agreement between the parties.
10.5 Contact Information
For questions regarding this Agreement, please contact us at: [email protected].
Pinpoint Interactive, LLC
15421 North Florida Ave, Tampa, FL 33613
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
