PRONTO AI, LLC TERMS OF SERVICE
Last Updated: [January 7, 2021]
This Agreement regulates the relationships arising from the use of the Pronto AI website prontopia.com (the “Site”) and /or Pronto AI products or services (collectively, the “Services”).
By using the Site and/or the Services, You confirm the fact that You agree with the terms set out in this Agreement and You will apply best efforts to comply with these Terms. In the event You disagree with this Agreement in full or with any portion of it, please immediately stop using the Site and/or the Services.
Pronto AI reserves the right to, from time-to-time, introduce changes to the terms of the Agreement with or without prior notification to You. It is Your sole responsibility to periodically check for any changes or updates to this Agreement. If You do not agree with the new updated version of the Agreement please stop using the Site and/or the Service.
Unless explicitly stated otherwise, these Terms will govern the use of any new features that augment or enhance the current Services, including the release of new Pronto AI resources and services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY
- Service Description
- [Pronto AI provides a technology platform that allows businesses and individuals to create videos. Users can upload their own media or select from a library of icons, animations and templates to create their videos. Once complete, users can export their videos directly to YouTube or depending on their level of subscriptionUser’s Responsibilities
- You agree to use our Site and/or Services only for lawful reasons and for purposes permitted by these Terms.
Specifically, You agree and warrant that in using the Site and Services, Your actions do not contravene the laws, rules, or regulations of:
- the country, state, or locality where you reside, and
- the country, state, or locality where Pronto AI is located or operates.
- NOTE:Pronto AI not responsible for any violation of applicable laws, rules, or regulations committed by You and/or Your customers. It is Your responsibility to ensure that Your use of the Site and Services does not contravene applicable laws, rules, or regulations.Usage of the Site and/or Services
- You agree not to access (or attempt to access) the Services by any means other than through the means provided by us or our authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Further, You agree: 1
- not to disrupt or interfere with any other User’s enjoyment of the Site and Services or affiliated or linked sites;
- not to upload, post, or otherwise transmit through the Site and/or Services any git fetch && git checkout PROD-217-design-youtube-term-of-service-htmlviruses or other harmful, disruptive, or destructive files;
- not to use or attempt to use another User’s Account, password, or system;
- not to access or attempt to access any Content or User Content (as defined below), which you are not authorized to access under the terms herein;
- not to disrupt or interfere with the security of, or otherwise cause harm to the Site, Services, Content, User Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site and Services or any affiliated or linked sites (You may be charged to pay for damages in case it is revealed that You are involved in any harmful activities);
- use the Service for any illegal purpose or in violation of any local, state, national, or international law;
- violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
- nterfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; or (iii) hacking, password “mining” or using any other illegitimate means of interference;
- modify or create derivatives of any part of the Service;
- interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
- perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
- take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Pronto AI’s systems or networks, or any systems or networks connected to the Service or Pronto AI;
- attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
- In order to provide You with our Service, we collect certain information from You when You register and interact with our Service. Please review our getpronto.ai/privacy to learn more about how we process, use and store Your information.Account and Registration
- o access most features of the Service, you must register for an account (“Account”). When you register for an Account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at email@example.com.
By creating an Account, You agree to provide accurate, up-to-date and complete information about Yourself and keep this information updated. We reserve the right to suspend or terminate Account if we have reasonable grounds to believe that Account is being used in contradiction to these Terms and/or contain information that is untrue, inaccurate, not up-to-date or incomplete.
When You create Your Account, You will choose a personal, non-transferable password. An account may be used only by one person. After You accept these Terms, and we accept Your registration, Your Account will be established. You are solely responsible for all activities that occur under Your Account, whether or not such use was authorized by You.
Please note that if You choose to use Third-party account to log in to our Site and/or use our Services. We are able to access all of Your data in connection with Your Third-party account, including, without limitation Your friends’ list, pictures You posted, businesses and stories you “liked,” places You visited, etc.
The information You provide is used for such purposes as allowing You to set up an Account and profile that can be used to interact with other Users through the Service, improving the content of the Service, customizing the advertising and content You see, and communicating with You about specials and new features. It is completely optional for You to engage in these activities and/or make any purchases from Pronto AI.User Content
Insofar as User Content of the Site was not created by Pronto AI, any copyright of third parties is respected. Nevertheless, should you have reason to believe a copyright violation has occurred, we kindly request that you inform us of such violation in accordance with our DMCA Policy. Should we become aware of any legal violation, we shall remove the offending content immediately.
Content prohibited from the Site and Services include but is not limited to:
- illegal content;
- content relating to the creation, advertising, distribution, or receipt of illegal goods or services;
- offensive content (including, without limitation, defamatory, threatening, or pornographic content);
- content that discloses another person’s personal, confidential, or proprietary information;
- fraudulent content;
- malicious content such as malware or spyware; and
- content that offers, promotes, advertises or provides links to unsolicited products or services.
- Pronto AI reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Content that Pronto AI learns may be illegal or may violate the terms of these Terms, although it has no obligation to do so. Pronto AI’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms by any User (or any other third party) does not waive Pronto AI’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms violation.Representations Regarding User Content
- Pronto AI disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
- You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Pronto AI and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you herein, in the manner contemplated by Pronto AI, the Service, and these Terms;
- Your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Pronto AI to violate any law or regulation;
- Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
- You are solely responsible for all the personal data that may appear in any User Content (such as an address, pictures of any people, their telephone numbers, etc.).
- You are responsible to Pronto AI for any User Content You download or provide links to. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research, and due diligence with respect to any User Content You download or provide links to. If any other user or third party informs us that any User Content violates a copyright, we will remove it immediately. You understand and hereby agree, that we may take further measures to prevent future violations subject to Sections “Infringement” and “Injunctive Relief”.Limited License
- By creating, uploading, posting, submitting, sending, receiving, storing, or otherwise making available User Content on or through the Site, You automatically grant, and represent and warrant that You have the right to grant, to us a limited, revocable, non-exclusive, sublicensable, transferable, royalty-free, worldwide license to access, use, copy, reproduce, disclose, publish, broadcast, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such User Content for the purpose of rendering Services, advertising and promoting Pronto AI and for any purpose that may arise out of these Terms.Intellectual Property Rights
- Pronto AI shall be the sole and exclusive owner of all right, title and interest (including, but not limited to, all Intellectual Property Rights) in and to the Service, the Site, and all the other materials contained thereof. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Pronto AI’s materials. Pronto AI hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, or otherwise provided on this Site are the properties of their respective owners. Pronto AI disclaims any proprietary interests in the intellectual property rights other than their own.Payment Terms2
- Premium features of the Service will require you to pay fees upon registering for the applicable premium service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Pronto AI may change the fees for any feature of the Service, including additional fees or charges, if Pronto AI gives you advance notice of changes before they apply. Pronto AI, at its sole discretion, may make promotional offers with different features and different pricing to any of Pronto AI’s customers. These promotional offers, unless made to You, will not apply to your offer or these Terms.
You authorize Pronto AI to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Pronto AI, to the payment method specified in your account. If you pay any fees with a credit card, Pronto AI may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Pronto AI to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: firstname.lastname@example.org or by contacting us at: email@example.com.
Pronto AI may suspend or terminate access to the Service for any Account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.Third Party Services
- Pronto AI provides tools through the Service that enable you to import and export information, including User Content, to and from third party services, including through features that allow you to link your Account on the Site with an account on a third party service, such as YouTube or Facebook. By using one of these tools, you agree that Pronto AI may transfer that information to and from the applicable third party service. Third party services are not under Pronto AI’s control, and Pronto AI is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Pronto AI’s control, and Pronto AI is not responsible for their content.
The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict You from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third Party Components under those third party licenses.
Further, Pronto AI may use third-party services in order to perform its functions. Third-party services include, but are not limited to, payment processors, merchandise providers, website operators etc. We provide these links only for your convenience and are not responsible for the content, products, or Services on or available from those websites, resources, or links that are displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.Technical Support 3
- We provide technical support for our Users. To receive technical support from Pronto AI, the User seeking such support must request such support by contacting Pronto AI at firstname.lastname@example.org. The User should describe the nature of the problem to be resolved as well as provide information about the User (name, address, etc). Pronto AI will make reasonable efforts to respond to such requests in a timely manner. The User shall cooperate with Pronto AI when seeking technical support services by providing information necessary to assist Pronto AI or requested by Pronto AI while diagnosing or resolving the issue. Although Pronto AI cannot guarantee that a technical support issue will be resolved, Pronto AI will make reasonable efforts to perform technical support services in a professional manner.Term and Termination
- The term of these Terms of Service (“Term”) begins when You start using the Site or Services and shall continue in perpetuity unless otherwise terminated by Pronto AI or You by written notice. Pronto AI reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, these Terms will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of these Terms, you must immediately cease using this Site and the Services including without limitation any use of Pronto AI’s trademarks, trade names, copyrights, and other intellectual property. After termination of this Agreement, You will no longer be authorized to use the Site and/or Services in any way.Electronic communication
- We may send to you electronically all communications, agreements, documents, receipts, notices, and disclosures that Pronto AI provides in connection with Your Account and use of the Service. We may provide these communications to You by posting them via the Site or Service, or by emailing them to You at the email address you provide. You may unsubscribe from email communications at any time.Indemnification
- You agree to defend Pronto Ai, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees), resulting from your breach or violation of any provision of these Terms, infringement, misappropriation or Your violation of the rights of any other party, Your violation or noncompliance with any law or regulation. Pronto AI reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and You agree to fully cooperate with Pronto AI upon its request.Disclaimer of Warranties
- YOUR USE OF THE SITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR SERVICE OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR SERVICE OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DISCLAIMER OF WARRANTIES DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.
THE USE OF THE SITE, OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. PRONTO AI ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRONTO AI OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
The Site and Services may contain references to specific Pronto AI products and/or Services that may not be available in a particular country. Any such reference does not imply or warrant that any such products and/or Services shall be available at any time in any particular country.Your Warranties
- YOU HEREBY WARRANT THAT:
- ALL INFORMATION PROVIDED BY YOU TO PRONTO AI IN CONNECTION WITH THE SITE, PRONTO AI AND THE SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE;
- YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE;
- YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PRONTO AI;
- YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE;
- YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND
- YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY PRONTO AI DO NOT:
- INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY,
- CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY,
- RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY,
- PROMOTE VIOLENCE OR CONTAIN HATE SPEECH,
- VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR
- CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.
- YOU HEREBY WARRANT THAT:
- Any and all items sent, received, downloaded, or purchased from the Site and Services may be subject to United States export controls. Thus, no product may be exported or re-exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Site and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.Feedback
- You may from time to time provide suggestions, comments or other feedback to Pronto AI with respect to any product, material, software or information provided by Pronto AI (“Feedback”). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for Pronto AI. Pronto AI will not disclose the source of any feedback without notice to the providing party. However, Pronto AI shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You.Notice and Procedure for Making Claims of Copyright Infringement
- We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our designated agent at the following address:
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- It is Pronto AI’s policy to promptly terminate the accounts of Users that are determined by Pronto AI, in its sole and absolute discretion, to be repeat infringers.Unlawful or Prohibited Use
- You may not use the Site or Services for any purpose that is unlawful, prohibited by these Terms, or in any way interferes or attempts to interfere with the proper working of the Site or Services. You may not use the Site or Services in any manner that could damage, disable, overburden, or impair the Site or Services, or that interferes with any third party’s use and enjoyment of the Site or Services. You agree that you will not use any third-party software that intercepts, “mines,” or otherwise collects information from or through the Site or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Pronto AI to all users of the Site or Services. You shall not institute, assist, or become involved in an attack upon any Pronto AI server or otherwise attempt to disrupt the Pronto AI servers. ANY ATTEMPT BY YOU TO DAMAGE PRONTO AI’S SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF PRONTO AI IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, PRONTO AI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.Linking to this Site
- Linking to this Site is permitted provided that you comply with the following rules. You may link to the home page of this Site or to any other page of this Site. However, You are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that Pronto AI endorses or sponsors the linker or its website, products or services. You must not use Pronto AI’s intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from Pronto AI. Furthermore, You agree to remove the link at any time immediately upon Pronto AI’s request.Limitation of Liability
- IN NO EVENT SHALL PRONTO AI, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM PRONTO AI AND ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, OR ANY OTHER LOSS THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PRONTO AI’S RECORDS, PROGRAMS OR SERVICES. PRONTO AI SHALL IN NO EVENT BE RESPONSIBLE FOR ANY CONTENT MADE AVAILABLE ON THE WEBSITE BY ANY USER. THE FOREGOING LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER GOVERNING LAW.Service Access
- If the Site and Services are not available for any period or any time, Pronto AI shall not be liable. Pronto AI gives no warranties as to the accessibility, performance, or availability of the Site or Services. Temporary suspension of access to the Site and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. Pronto AI reserves the right to suspend the operation of the Site or Services. You agree that neither Pronto AI nor its third-party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Site.Force Majeure
- In no event shall Pronto AI be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, epidemics, pandemics and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services.Agreement to Deal Electronically
- All transactions with or through the Site or Services may, at Pronto AI’s option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Site or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.Injunctive Relief
- You acknowledge and agree that any violation or breach of these Terms of Service may cause Pronto AI immediate and irreparable harm and damages. As a result, Pronto AI has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these Terms of Service. In addition to any and all other remedies available to Pronto AI in law or in equity, Pronto AI may seek specific performance of any term in these Terms of Service.Governing Law
- These Terms of Service shall be governed by and construed and enforced in accordance with the laws of the State of Wyoming without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Pronto AI does not bear any responsibility nor assumes any risks if by any reason a product or a Service made available on this Site breaches the national law of any country. Those who access the Site or Services do so at their own initiative and are responsible for compliance with their national laws.Site Updates
- We regularly update technical, content and other information on the Site. However, we make no claim in guaranteeing the completeness, accuracy, and compliance of the information provided on the Site. We are able to add, review or delete information, resources, and services posted on the Site.Severability
- Any provision of these Terms of Service that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.Entire Agreement
- You may not assign or transfer any of Your rights or obligations under these Terms of Service without our prior written consent. We may assign or transfer any or all of our rights under these Terms of Service, in whole or in part, without obtaining your consent or approval.Waiver
- Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.Headings
- Headings of provisions are for convenience only and shall not be used to limit or construe any provisions of these Terms thereof.Contact Us
- Should you have any questions or comments regarding the Terms of Service, you may contact Pronto AI in writing email@example.com.
NOTE:There is a space designated for You to write a message to us. Please be attentive when writing a message. You bear sole responsibility for the information You disclose in the designated space. Do not write any information that You are not willing to disclose.Amendment
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Modifications will become effective upon the earlier of (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days following our publication of the modified Terms through the Service. Except as expressly permitted in this Section 35, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Copyright © 2021 Pronto AI, LLC All rights reserved. The Site and Services and accompanying products and documentation are the copyrighted property of Pronto AI, LLC and/or its licensors and protected by copyright laws and international intellectual property treaties. Pronto AI™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of Pronto AI, LLC. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the Pronto AI, LLC or third-party trademarks or logos without the prior written consent of Pronto AI, LLC or the applicable trad