Pnyx.ai Terms of Use
Effective Date: January 1, 2023
The Pnyx.ai Service:
For the purposes of this document, the term “Service” means the Internet platform provided by Pnyx.ai accessible at https://www.Pnyx.ai that enables users to summarize information and gain insights through automated analysis of real-time community messages and data from various channels such as Discord, Telegram, Twitter, and websites. (the “Platform”), together with all the software applications, proprietary or otherwise, that comprise the Platform, and any updates, upgrades, derivatives, improvements, enhancements, or extensions of the same. The Service subject to this TOU also encompasses the Pnyx.ai website, together with all copy, graphics, photographs, videos, documentation, and other content.
End User License Agreement (EULA):
Pnyx.ai hereby grants you a revocable, non-exclusive, non-transferable, limited right and license to access and use the Service. The term of your License shall commence on the date that you create your account and will end if your account is terminated by either you or Pnyx.ai. Pnyx.ai reserves the right to immediately terminate your license if you use the Service in breach of the terms set forth herein.
- Ownership: This TOU does not confer title, ownership, or any other rights concerning your use of the Service that are not set forth herein. Pnyx.ai retains all right, title and interest in and to the Service, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, and all other rights whether registered or not and all applications thereof. The Service is protected by applicable laws and treaties worldwide, and may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Pnyx.ai. All rights not expressly granted to you herein are reserved by Pnyx.ai.
- License Restrictions: Violating any of the following restrictions may result in the immediate termination of your License:
- General Restrictions: You agree not to commercially exploit the Service in any way.
- Specific Restrictions: You agree you will not use the Service:
- to display posts and hashtags in a manner other than to aggregate postings from social media accounts that are owned by you or available for public use to display on your Pnyx.ai feed;
- provide your password or otherwise grant access to your Pnyx.ai account to any third parties for any purpose whatsoever
- reverse engineer, decompile, disassemble, translate, or prepare derivative works of the System, or otherwise modify the same, in whole or in part;
- use the Service to display material that may be subject to copyright protection without the express consent of the copyright owner;
- remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained within the System; or
- otherwise access or utilize the System in any manner other than permitted by this TOU.
Representations and Warranties:
The Service is made available to you in reliance upon the following representations and warranties: (i) You are at least thirteen (13) years old; (ii) you will use the Service only to aggregate posts and hashtags from social media accounts that you own or are authorized to use; (iii) you will not use the Service for the purpose of violating any statute, rule, or regulation; (iv) you will not use the Service to facilitate the distribution of computer viruses, spyware, or any other malicious code; (v) you will not use the Service to display posts that infringe upon the proprietary rights of third parties, including without limitation intellectual property rights, or rights of publicity or privacy; and (vi) you will not use the Service in any manner other than as described herein.
User Data:
You own any content, data, information and material originated by you that you provide or compile through use the Service. Pnyx.ai has no ownership rights in or to the User Data, however Pnyx.ai shall have, for the provision of the Service, the right of use of such User Data for the purposes stipulated in these TOU. You shall be solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to the User Data. You understand and acknowledge that User Data, as well as its storage, usage, and transfer may not be protected from attempts of misuse by a third party. You acknowledge that use of the Service includes data security risks. You are responsible for data security and protection of your devices, as well as other costs related to such devices, needed for use of the Service.
Data Protection:
Pnyx.ai shall not transfer any personal data to any third party other than the subcontractors identified by Pnyx.ai. Pnyx.ai may transfer personal data outside the borders of the European Union and European Economic Area, provided that Pnyx.ai shall ensure that it and its subcontractor(s) transfer the personal data in compliance with the applicable data protection legislation. The subject-matter, nature and purpose of the processing, the type of personal data and categories of data subjects are described in Pnyx.ai Privacy Policy.
Copyright Claims:
Pnyx.ai responds to properly submitted notices of alleged copyright infringement that comply with applicable law. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification 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, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) misrepresent the source of ownership of the System unless using an enterprise plan with white-labeling enabled; and (vii) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing Content.
No Warranty:
Pnyx.ai makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, social media services that source User feeds. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER. PNYX.AI PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
Advertising:
The Service may display advertisements for products and services offered by third parties. Pnyx.ai makes no guarantees about, and assumes no responsibility for, the content of such advertisements, or the availability, delivery, or performance of any product or service offered therein.
No Liability:
In no event shall Pnyx.ai be liable to you or any other party for any indirect, special, incidental, consequential, or punitive damages, however and wherever arising, that may result from the delivery or failure of the Service, including without limitation to losses incurred due to: (a) software glitches, server failures, power outages, or any other issue beyond Pnyx.ai’s control; (b) any delays in or failure of the Service to operate as described; (c) any access to or display of a social media feed that is not owned by a user, or otherwise authorized for such user to access or display.
Indemnification:
We cannot control or monitor the posts you choose to display. You understand that commercial movies, TV programs, and professional photographic images are subject to copyright laws, and it may be illegal to display such material without the express permission of the copyright owner. You are solely responsible for obtaining such consent, and agree to indemnify, hold harmless, and defend Pnyx.ai, together with its officers, directors, employees, agents, subsidiaries, and affiliates (the “Indemnified Parties”), from and against any claims, actions, proceedings, and suits (collectively “Claims”) brought against Pnyx.ai by any third party that are associated with your use of the Service (including, but not limited to, copyright claims), and expressly agree to assume liability for any damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys fees) that may be incurred by Pnyx.ai in connection with any Claim subject to this section.
Arbitration Agreement and Class Action Waiver:
You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, you are waiving the right to a trial by jury or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated. This agreement to arbitrate includes, but is not limited to, claims arising out of or relating to the Service or your use thereof, regardless of when they may arise.
Choice of Law; Forum:
This document shall be governed in all respects by the laws of the United States and the State of California. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in the state and federal courts located in San Francisco, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes.
All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
Modification and Notice of Changes:
We reserve the right to change, modify, add or remove portions of these Terms of Service, without advance notice to you. We will notify you of any such changes by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
Refunds:
Should we ever charge any fees, our refund policy is in line with our commitment to customer satisfaction. Pnyx.ai reserves the right to deny refunds at our discretion.
Entire Agreement:
These Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us.
Third party services:
Pnyx.ai uses third party API services to integrate and share content that can be watched on the Platform and/or as otherwise enabled by Pnyx.ai. By using Pnyx.ai you are agreeing to be bound by the third party platform Terms of Service.