1. Introduction

Welcome to Pingenie (“Company”, “we”, “our”, “us”). These Terms of Service ("Terms") govern your use of our website, products, and subscription services ("Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you may not use our Services. We reserve the right to refuse service to anyone for any reason at any time.

2. Use of the Services

The Services are intended for use by businesses. By using the Services, you represent and warrant that:

• You are a legally registered business entity.
• You have the authority to enter into these Terms on behalf of the business.
• You will comply with all applicable laws and regulations in your use of the Services.

We make no guarantees regarding the availability, functionality, or performance of the Services. Use of the Services is at your own risk.

3. Account Registration

To use certain features of the Services, including subscription management, you may be required to create an account. When creating an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. If you believe your account has been compromised, it is your responsibility to notify us immediately.

4. Subscriptions and Payment

Pingenie offers subscription-based Services. By purchasing a subscription, you agree to pay the applicable subscription fees on a recurring basis, according to the plan you have selected. All payments are processed securely through our third-party payment provider, Stripe.

Billing Cycle: Subscription fees will be charged at the beginning of each billing cycle (monthly or annually, depending on your plan). Your subscription will automatically renew at the end of each billing cycle unless you cancel it. We do not guarantee uninterrupted access to the Services during any billing cycle.

Cancellation: You may cancel your subscription at any time by accessing your account settings. Cancellations will take effect at the end of the current billing cycle. No refunds will be provided for partial billing periods or unused features.

Changes to Pricing: We reserve the right to change subscription fees or introduce new fees at any time without prior notice. It is your responsibility to check for any changes in pricing.

5. Intellectual Property

All content, trademarks, and other intellectual property used in the provision of the Services are the exclusive property of Pingenie or its licensors. You are not granted any rights to use our intellectual property except as expressly provided in these Terms. You may not reproduce, modify, distribute, or display any content from our Services without our prior written permission.

6. Prohibited Activities

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable laws and regulations.
• Access or attempt to access any other user's account without permission.
• Interfere with or disrupt the Services or any networks connected to the Services.
• Use the Services to distribute unsolicited commercial messages (spam).

7. Termination

We may terminate or suspend your access to the Services at any time, without notice or liability, for any reason, including if we, in our sole discretion, believe you have violated these Terms or if we decide to discontinue the Services for any reason.

Upon termination, your right to use the Services will immediately cease, and no compensation or refunds will be provided.

8. Limitation of Liability

To the fullest extent permitted by law, Pingenie and its affiliates will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, arising out of or related to your use or inability to use the Services, even if we have been advised of the possibility of such damages.

Our total liability to you for any claims, damages, or causes of action will not exceed the amount paid by you, if any, for accessing the Services in the 12 months preceding the claim.

9. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, secure, or error-free, and we are not responsible for any delays, inaccuracies, or errors.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pingenie, its affiliates, and their respective directors, officers, employees, and agents from any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any rights of another party.

11. Modifications to the Terms

We reserve the right to modify these Terms at any time without notice. It is your responsibility to review these Terms periodically for any updates or changes. Your continued use of the Services following the posting of any changes constitutes your acceptance of the modified Terms.

12. Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of Germany, without regard to its conflict of laws principles. Any disputes arising under these Terms will be resolved in the courts located in Konstanz, Germany.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at support@pingenie.ai.