Purpose Technologies AI Inc. Terms of Service

 

General

 

This terms of service (“TOS” or “Terms of Service”) constitutes the agreement between you and Purpose Technologies AI Inc. (“we”, “us”, “our” or “Purpose Tech”) in connection with your (“you”, “your”, or “Licensee”) use of our website and/or our mobile app (together, the “App”) and the software, services, features, content and applications on the App (collectively, the “Services”). If you use the Services on behalf of a company, organization, or other entity, then “you”, “your”, or “Licensee” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this TOS and that you agree to this TOS on the entity’s behalf. You must be at least 18 years old to use the Services. By accessing the Services, you represent and warrant that you have all necessary right, power and authority to enter into this TOS and exercise the license rights granted to the Services.

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Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the App are also incorporated into this TOS. Our Privacy Policy can be found here. By visiting or using the App, you expressly agree to this TOS, as updated from time to time. If you do not agree with this TOS please do not access or use our Services.

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The Services are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to applicable law or regulation, or which subject us to any registration requirement in such jurisdiction or country. Those persons who choose to access or use the Services outside the United States do so on their own initiative and are solely responsible for compliance with local laws and we will not be responsible for nor obligated to comply with any such laws or regulations.

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Some of our Services may be offered to you from time to time that are subject to additional terms and conditions, which are incorporated by reference into this TOS. If there is a conflict between this TOS and such other additional terms and conditions, such other additional terms and conditions will govern to the extent of such conflict.

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We may make changes to this TOS at any time. Any changes we make will be effective immediately when we post a revised version of this TOS on the App. The “Last Revised” date above will tell you when this TOS were last revised. By continuing to use the App after that date, you agree to the changes.

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PLEASE READ THIS TOS CAREFULLY; THIS IS A BINDING CONTRACT.

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SECTION 11 OF THIS TOS CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS SECTION AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES THAT YOU MAY HAVE WITH US. READ IT CAREFULLY.​

 

1. ACCESS TO THE SERVICES

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1.1. Access. Purpose Tech reserves the right, in its sole discretion, to make changes to the Services, including to modify, upgrade, or discontinue the Services, in whole or in part, to (a) maintain or enhance the quality or delivery of its services, the competitive strength of or market for its services, or the Services’ cost efficiency or performance; or (b) to comply with law. Purpose Tech will retain sole control over the operation, provision, maintenance, and management of the Services. If you will not be able to access Paid Services for an extended period of time, Purpose Tech will use commercially reasonable efforts to provide you prior notice via email, including the estimated downtime associated with such changes.

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1.2. Account Creation. You may be required to register for an account (“Account”) and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about you. The Services may have different types of accounts for different users. All information that you provide will be governed by this TOS and our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with this TOS and our Privacy Policy.

 

1.3. Account Privacy. You are entirely responsible for maintaining the confidentiality of your login information and your Account. You are also entirely responsible for any and all activities associated with your Account. Your Account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your Account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your Account to anyone else. You agree to notify Purpose Tech immediately of any actual or suspected unauthorized use of your Account or any other breach of security. Purpose Tech will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by Purpose Tech or any third party due to someone else using your account or password.

 

1.4. License.

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1.4.1. Subject to your compliance with the terms of this TOS, Purpose Tech grants you a limited, non-exclusive, non-transferable and royalty free license to use the Services solely as permitted herein. You agree that  you will not, directly or indirectly: (a) sublicense, resell, rent, lease, distribute, market, commercialize or otherwise transfer rights or usage to the Services; (b) provide the Services or access to the Services on a timesharing, service bureau, or other similar basis; (c) remove or alter any copyright, trademark, confidentiality or other proprietary notice in the Services or any related documentation; (d) develop forked software; (e) copy any features, functions or graphics of the Services for any purpose other than what is expressly authorized in this TOS; (f) use or modify the Services in any way that would subject the Services, in whole in or in part, to a software license that requires public dissemination of such software; (g) send, store, or authorize a third party to send or store spam, unlawful, infringing, obscene or libelous material, or malicious code; (h) attempt to gain unauthorized access to, or disrupt the integrity or performance of, the Services; (i) use any Intellectual Property rights protected by applicable laws and contained in or accessible through the Services for the purpose of building a competitive product or service or copying its features or user interface; or (j) use the Services, or permit them to be used, for purposes of product benchmarking or other comparative analysis.

1.4.2. You may use the Services for lawful purposes only and only in accordance with this TOS. You agree not to use the Services in any way that could damage the Services or general business of Purpose Tech. You may use the Services solely for your own personal use or, if using the Services on behalf of an entity or organization, solely for the internal purposes of such entity or organization. 

 

1.4.3. The Output provided to you by the Services is dependent on the Licensee Materials and third party materials that you provide to Purpose Tech. You therefore agree to provide to Purpose Tech:
1.4.3.1.  nonprofit and grant-seeking program materials, including financial and performance reports, associated with or utilized in connection with Licensee’s use of the Services;
1.4.3.2.  grant proposals and supporting materials that were previously created for the applicable nonprofit organization and examples of good/bad grant writing that the Services can be compared to; 

1.4.3.3. the final version of the grant proposal or other materials that have been submitted or used by Licensee; and if applicable, notification of the grant issuance decision (i.e. did the organization receive the grant applied for) and any related feedback regarding the grantor’s decision.

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1.5. Prohibited Activities. You further agree not to engage in any of the following prohibited activities in connection with using the Services:

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1.5.1. No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
 

1.5.2. No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

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1.5.3. No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.

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1.5.4. No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

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1.5.5. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with this TOS.

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1.5.6. No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose Purpose Tech or other users to liability or other harm.

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1.5.7. No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Services.

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1.5.8. No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Services; provided, however, that Purpose Tech conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the App for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

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1.5.9. No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.

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1.5.10. No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information or relating to the Services.

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1.5.11. No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent, including their names, emails, usernames, passwords, or affiliations.

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1.5.12. No Other Interference. Otherwise attempt to interfere with the proper working of the Services.

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1.5.13. Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

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If Licensee becomes aware of any actual or threatened activity prohibited by this TOS, it will immediately take all reasonable and lawful measures necessary to stop the activity or threatened activity, mitigate its effects, and notify Purpose Tech of any such actual or threatened activity.

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2. INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS

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2.1. The Services, and all Intellectual Property and proprietary rights therein, are and will at all times remain exclusively the valuable property of Purpose Tech. “Intellectual Property” means all inventions (whether or not protectable under patent laws), works of authorship, information fixed in any tangible medium of expression (whether or not protectable under copyright laws), moral rights, mask works, trademarks, trade names, trade dress, trade secrets, know-how, ideas (whether or not protectable under trade secret laws), concepts, techniques and all other subject matter protectable under patent, copyright, moral right, mask work, trademark, trade secret, or other laws, including without limitation all new or useful documents, drawings, designs, samples, sampling results, test results, data, analysis, studies, reports, work product, field notes, plans, specifications, models, prototypes, perspectives, software, combinations, discoveries, formulae, manufacturing techniques, business methods, technical developments, artwork, programming, applets, scripts, and designs.

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2.2. You agree that no title to, proprietary rights or interest in the Services, or to any copies thereof, is transferred to you, other than the specific licenses granted in Section 1.4.1.

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2.3. Licensee is and will remain the sole and exclusive owner of all right, title and interest in and to all information and data and other content provided by or on behalf of Licensee to Purpose Tech to enable the provision of the Services, other than any Feedback or Resultant Data (each as defined below) (“Licensee Materials”). Licensee grants Purpose Tech a perpetual, non-exclusive, worldwide, royalty-free, sub-licensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform, and translate the Licensee Materials to provide the Services and internally to improve and enhance the Services and for internal business purposes. In addition, Licensee grants Purpose Tech a non-exclusive, worldwide, royalty-free, sub-licensable, license to display and use Licensee’s name and logo on its website and in its marketing and promotion materials. Licensee will be the owner of all right, title and interest in any “Output” of the Services. “Output” means any written content or materials created by the Services (other than the Resultant Data) specifically for Licensee, but not for any other user of the Services. Licensee grants Purpose Tech a perpetual, non-revocable, worldwide, royalty-free, sub-licensable, license to use, reproduce, publicly display, distribute, modify, create derivative works based on, publicly perform and translate all Output to improve its products and services and for its own internal business purposes. Purpose Tech acknowledges and agrees that other than as expressly set forth herein: (a) no licenses are granted by Licensee under or in connection with this TOS; and (b) Purpose Tech is not entitled to any Intellectual Property or other proprietary rights in the Licensee Materials. Any third-party materials provided by Licensee to Purpose Tech (e.g. grant application materials) are not Licensee Materials and may be used and shared by Purpose Tech without any obligation to Licensee.

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2.4. Notwithstanding the foregoing, Purpose Tech will own any suggestions, ideas, enhancement request, recommendation or feedback you provide to Purpose Tech in connection with Purpose Tech’s provision of the Services (“Feedback”). In addition, Purpose Tech will own all information, data, analytics, and statistics that are derived by or results from your use of the Services and that is de-identified, aggregated or anonymized (“Resultant Data”). Purpose Tech will have the right to use Feedback and Resultant Data for any purpose, including to improve the Services, for its own internal business purposes, and to develop benchmarking and other reports, including those that may be made publicly available in anonymized form that cannot be used by a third party to derive or ascertain Licensee’s identity or the identity of any donor to Licensee.
 

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3. CONTENT STANDARDS

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3.1. You agree not to send, knowingly receive, upload, transmit, display, or distribute any content or materials in any form (“Content) that does not comply with the following standards (“Content Standards”). Content must not:

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3.1.1. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.

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3.1.2. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.

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3.1.3. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.

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3.1.4. Contain any information or material that Purpose Tech deems to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material deemed to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.

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3.1.5. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

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3.1.6. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including impersonating any person, or misrepresenting your identity or affiliation with any person or organization.

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3.1.7. Represent or imply to others that it is in any way provided, sponsored, or endorsed by Purpose Tech.

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3.2. We reserve the right at all times, but are not obligated, to:

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3.2.1. Take any action with respect to any Content that we deem necessary or appropriate in our sole discretion, including if we believe that such Content violates the Content Standards or any other provision in this TOS, or creates liability for Purpose Tech or any other person. Such action may include reporting you to law enforcement authorities.

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3.2.2. Remove or reject any Content for any or no reason in our sole discretion.

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3.2.3. Disclose any Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of Purpose Tech or any other person.

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3.2.4. Terminate or suspend your access to all or part of the Services for any or no reason, including any violation of this TOS.

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3.2.5. We do not review Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable Content. Accordingly, Purpose Tech and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Purpose Tech shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

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4. COPYRIGHT INFRINGEMENT (DIGITAL MILLENNIUM COPYRIGHT ACT POLICY)

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4.1. Purpose Tech respects the intellectual property of others and expects users of the Services to do the same. It is our policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:

 

4.1.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

 

4.1.2. a description of the copyrighted work that you allege has been infringed;

 

4.1.3. a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

 

4.1.4. a description of where the material that you claim is infringing is located;

 

4.1.5. your contact information, including your address, telephone number, and email address;

 

4.1.6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

 

4.1.7. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.​

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4.2. Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

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4.3. Designated copyright agent:

NAME: Copyright Agent

ADDRESS: c/o Purpose Technologies AI Inc.
447 Broadway, 2nd Floor 2316, New York, NY 10013

TELEPHONE: +1(201)279-5006‬‬‬

EMAIL: support@purposetech.ai​

 

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5. PAID SERVICES​

 

5.1. Paid Services. The use of certain Services may be subject to payment of fees, as determined by Purpose Tech in its sole discretion (“Paid Services” and “Fee(s)”, respectively). You can learn more about our various Paid Services here, including the length of the term and the specific features and services available for each Paid Service. 

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5.1.1. You can find the current Fees for new subscribers here. If you have already subscribed for a Paid Service, you can find your current Fees in your Account. All Fees must be paid directly to Purpose Tech in relation to the Paid Services you decide to purchase from Purpose Tech. If you wish to receive or use the Paid Services, you are required to pay all applicable Fees in advance. Purpose Tech reserves the right to change its Fees at any time in its sole discretion. Purpose Tech will send a notice regarding the change to you if such a change will affect your existing subscriptions.

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5.1.2. All Fees paid to Purpose Tech shall be deemed to be in U.S. Dollars. All Fees are exclusive of all taxes, levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made or received by you. If Purpose Tech is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. You must keep a credit card stored with Purpose Tech to pay for your Paid Services (“Stored Card”). You will be able to identify your Stored Card by its last four digits on your Account Settings Page.

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5.1.3. We reserve the right to refuse access to any Paid Services. We may, in our sole discretion, limit or cancel Paid Services purchased per person, per entity, or per order. These restrictions may include subscriptions placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address.

 

5.2. Invoices. Purpose Tech will issue an invoice or credit memo for any payment of Fees or refund made to or by Purpose Tech (“Invoice”). Each Invoice will be issued in electronic form and will be made available to you via your Account or by email. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. 

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5.3. Subscription Auto-Renewals. Paid Services include an automatic renewal option by default (“Renewing Paid Services”). Unless you turn off the auto-renewal option, such Renewing Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period, at the same price, unless Purpose Tech otherwise notifies you. For example, if the original subscription period for a Renewing Paid Service is one month, each of its renewal periods will be for one month.

 

5.3.1. Purpose Tech will attempt to automatically charge you the applicable Fees using the Stored Card, within up to two weeks before such renewal period starts. In the event of failure to collect the Fees, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, or suspend or cancel your Account, without further notice. If your Renewing Paid Service is subject to an annual subscription period, Purpose Tech will provide you a notice prior to the renewal of such Paid Service at least 30 days in advance of the renewal date.

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5.3.2. By entering into this TOS and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms. You may turn off the auto-renewal option for Renewing Paid Services at any time via your Account by clicking on “Cancel Subscription” in the “My Subscriptions” section.

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5.3.3. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of any Renewing Paid Services you use. You shall be solely responsible for any discontinuation of any Renewing Paid Services, including due to a cancellation, failure to pay the applicable recurring Fees, or due to any Paid Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Purpose Tech, and Purpose Tech will have no liability to you or any third party, in relation to the discontinuation of any Services, for whatever reason.

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5.4. Refunds. If you are not happy with your initial purchase of a Paid Service, you may provide notice of cancellation to Purpose Tech for any reason within 14 days of having first ordered or activated such Paid Service (the “Refund” and “Refund Period”). To be eligible to receive a Refund, you must first cancel your subscription by clicking on “Cancel Subscription” in the My Subscriptions section of your Account and then email support@purposetech.ai within the Refund Period to provide notice of cancellation and a request for a Refund. The Refund is applicable only to the initial purchase of a Paid Service. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of Paid Services. If you reside in a jurisdiction that requires a longer Refund Period, we will accommodate such requirements in accordance with applicable laws. If Purpose Tech receives such notice of cancellation within the Refund Period, Purpose Tech will refund to you the amount Purpose Tech charged you for such Paid Services and cancel the Paid Services accordingly. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable.

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5.5. Chargebacks. If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees (“Chargeback”), this will be considered a breach of your payment obligations hereunder, and your use of the Services may be disabled or terminated. If a Chargeback is performed, your Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Account may be subject to deletion and loss. Your use of Paid Services will not resume until you re-subscribe for any such Paid Services, and pay any applicable Fees in full, including any fees and expenses incurred by Purpose Tech for each Chargeback received (including Fees for Paid Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor). If you have any questions or concerns regarding a payment made by you to Purpose Tech, please contact us at support@purposetech.ai.

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5.6. ​Free Trials. If you are using the Services as part of a free trial as further described here (“Free Trial”), you acknowledge that after the Free Trial period (currently 30 days), your access to your Account and use of the Services will end. To continue using the Services and to access your Account and any data associated with your Account, you will be required to subscribe to a Paid Service. Attempting to create a new Account on behalf of yourself or the same entity, organization or association in order to access a Free Trial again will be a breach of this TOS and we may temporarily or permanently block your access to the Services.

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6. DATA PRIVACY; THIRD-PARTY LINKS.

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6.1. Data Privacy

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6.1.1. You will at all times comply in full with (i) the requirements of any applicable privacy and data protection laws and (ii) Purpose Tech’s Privacy Policy, currently located at here, which is incorporated herein by reference. The Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. Some of these countries may not offer the same level of privacy protection as your own.

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6.1.2. In addition, you have, and will retain, sole responsibility for: (i) all of your data, including its content and use; (ii) all information, instructions, and materials provided to, by or on behalf of you in connection with the Services (including, all personal information, financial information or other data); (iii) your information technology infrastructure, including computers, software, databases, electronic systems, and networks (“Licensee Systems”); (iv) the security and use of your Account credentials; and (v) all access to and use of the Services directly or indirectly by or through the Licensee Systems, with or without your knowledge or consent, including all results obtained from, and all conclusions, decisions, and actions based on, such access or use.

 

6.1.3. You will employ all appropriate procedures safeguards to: (i) administer the distribution and use of all access credentials and protect against unauthorized access to or use of the Services; and (ii) except as necessary for account creation will not provide, upload or use the Services to process any personal data.

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6.2. Third-Party Links. The Services may contain links to third-party websites, resources, and services (collectively, “Third-Party Links”). Third-Party Links are provided for your convenience only. Purpose Tech does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Purpose Tech has no control over the contents, products, or services of any Third-Party Link and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.

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7. TERMINATION AND CANCELLATION

 

7.1. Termination. Purpose Tech may suspend, terminate, or otherwise deny you access to or use of all or any part of the Services at any time in Purpose Tech’s sole discretion, without incurring any resulting obligation or liability. You may discontinue to use and request to cancel your Account and/or any Services at any time by clicking on “Cancel Subscription” in the My Subscriptions section of your Account. The effective date for cancellation of Paid Services, including any Renewing Paid Service, shall be at the end of such Paid Services’ then current subscription period. Upon termination for any reason (a) the license and other rights granted to you will be immediately revoked, (b) Purpose Tech may immediately deactivate your Account; and (c) you will immediately cease use of the Services. Please also note that additional Fees may apply to re-activation of an Account or Paid Services following their cancellation, as determined by Purpose Tech in its sole discretion. To delete your Account following cancellation of any subscription you may have, please email support@purposetech.ai and request Account deletion. Any such requests will be handled in compliance with our Privacy Policy and may be subject to additional verifications to ensure that you have the right to make such requests for the applicable Account. 

7.2. Data Loss. If your Account or any Paid Services are canceled (whether at your request or at Purpose Tech’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including any Content and usage data retained therein. Purpose Tech shall not be liable in any way for such data or other loss due to termination or cancellation of your Account or your access to any Services, and has no obligation to, nor will we, save a backup of your Account, Content or data. Following the termination of your Account, Purpose Tech reserves the right to delete all data in the normal course of operation. Data cannot be recovered once your Account is terminated.

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7.3. Attempted a New Account. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

 

7.4. Survival of Certain Terms. Upon termination of this TOS, any provisions that by their nature should survive termination shall remain in full force and effect.  This includes Section 2 (Intellectual Property and Proprietary Rights), Section 7 (Termination and Cancellation), Section 8 (No Warranties), Section (Limitation of Liability), Section 10 (Indemnification), Section 11 (Disputes; Binding Arbitration; Class Action Waiver), and Section 13 (Miscellaneous).

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​8. NO WARRANTIES

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8.1. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR THE CONDITIONS, REPRESENTATIONS AND WARRANTIES DESCRIBED AND PROVIDED IN IN THIS TOS, ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PURPOSE TECH’S SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND PURPOSE TECH IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES, INCLUDING ANY DOWNTIME.

8.2. WITHOUT LIMITING THE FOREGOING, PURPOSE TECH AND ITS LICENSORS DO NOT WARRANT THAT ANY CONTENT, MATERIALS, OR DELIVERABLES ARE ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

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8.3. THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO 90 DAYS FROM THE DATE OF FIRST USE.

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8.4. YOU ARE SOLELY RESPONSIBLE FOR (A) REVIEWING AND EDITING, AS NEEDED, ALL CONTENT, DATA, REPORTS, APPLICATIONS, AND OTHER MATERIALS GENERATED BY THE SERVICES; (B) SUBMITTING ALL SUCH CONTENT, DATA, REPORTS, APPLICATIONS, AND OTHER MATERIALS GENERATED BY THE SERVICES TO THE APPLICABLE GRANTOR OR OTHER ENTITY; AND (C) MONITORING ALL APPLICATION DEADLINES AND DUE DATES.

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​9. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PURPOSE TECH BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICES EVEN IF PURPOSE TECH HAD BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY THEREOF INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST BUSINESS REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PURPOSE TECH’S AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS, COLLECTIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TOS AND THE SERVICES WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, WILL NOT EXCEED IN THE AGGREGATE, THE AMOUNT OF $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

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10. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Purpose Teach and its affiliates, and each of their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this TOS, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this TOS or your use or misuse of the Services, including your Content or any actions taken by a third party using your Account. Purpose Tech reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

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11. DISPUTES; BINDING ARBITRATION; CLASS ACTION WAIVER. Please read this Section carefully. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

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11.1. Disputes; Binding Arbitration. Any dispute, claim or controversy arising out of or relating to this TOS, or the breach, termination, enforcement, interpretation or validity thereof, shall be submitted to and decided by a single arbitrator by binding arbitration under the Streamlined Arbitration Rules and Procedures of JAMS (“JAMS Rules”) that are in effect at the time the arbitration is initiated. The JAMS Rules can be accessed at http://www.jamsadr.com/rules-streamlined-arbitration/. In the event of a conflict between the terms set forth in this Section 11 and the JAMS Rules, the terms in this Section 11 will control. The arbitrator must apply the same law and legal principles, consistent with the Federal Arbitration Act (“FAA”) that would apply in court, but may use different procedural rules. This Section 11 is governed by the FAA. New York law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged under the provisions of the FAA.

11.1.1. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

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11.1.2. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you, or any other user of your User Account, and us, our affiliates, and/or agents, if it relates to your User Account, your use of the Service, or to this TOS, except as noted hereafter. All arbitrations shall proceed on an individual basis. You agree that you may bring claims against Purpose Tech in arbitration only in your individual capacity and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the JAMS Rules, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Each party shall bear its own costs relating to the arbitration proceedings irrespective of its outcome.

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11.1.3. Either party may assert an individual case in small claims court or your state’s equivalent court. Nothing in this Section 11 shall limit either party from seeking injunctive or other exigent relief from a court of law.​

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11.2. Governing Law. Except as expressly stated otherwise, this TOS shall be governed by, and will be construed under, the laws of the United States of America and the law of the State of New York, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Except for claims subject to arbitration as provided for in this Section 11 (and claims proceeding in any small claims court), all other disputes arising out of or related to your User Account, your use of the Services, or to this TOS shall be subject to the exclusive jurisdiction of the state and federal courts located in New York, NY, and you agree to submit to the personal jurisdiction and venue of such courts.

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11.3. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS TOS AND USING THE SERVICES YOU ARE WAIVING ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, TO THE EXTENT ALLOWED BY LAW.

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12. NON-U.S. RESIDENTS

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12.1. Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States. Some of these countries may not offer the same level of privacy protection as your own. Although the Services are directed towards users who reside in the United States, the Supplemental EEA+ Privacy Notice provided in our Privacy Policy applies if you are located in the European Economic Area, the United Kingdom, or Switzerland. 

 

12.2. Purpose Tech does not provide any legal advice or any recommendations with respect to any laws or requirements applicable to your use of the Services, or your compliance therewith.

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13. MISCELLANEOUS​​

 

13.1. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this TOS will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party will have authority to contract for or bind the other Party in any manner whatsoever.

 

13.2. Entire Agreement. This TOS sets forth the entire understanding and agreement, and supersedes any and all prior agreements, written or oral, between the Parties with respect to the subject matter hereof. 

 

13.3. Assignment. Purpose Tech may assign this TOS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the TOS without our prior written consent, and any unauthorized assignment by you shall be null and void.

 

13.4. Waiver; Severability. Except as otherwise set forth in this TOS, no failure by Purpose Tech to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this TOS will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of this TOS is found to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this TOS or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

13.5. Electronic Communications, Transactions, and Signatures. Visiting the App, using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-­electronic records, or to payments or the granting of credits by any means other than electronic means. 

 

13.6. Notices. All required notices to you will be sent to the email address associated with your Account or through other legally permissible means. All notices to Purpose Tech should be sent to:

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PURPOSE TECHNOLOGIES AI INC.
447 Broadway, 2nd Floor 2316
New York, NY 10013
United States 

 

13.7. Export Laws. The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

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13.8. Questions. If you have any questions, comments or complaints regarding this TOS, the Services, or other legal inquiries, please contact us at:

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Purpose Technologies AI, Inc.
support@purposetech.ai