Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "Customer") and Breaknine, Inc. ("Breaknine," "we," "us," or "our") concerning your access to and use of our AI-powered outreach platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

2. Definitions

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Provide accurate, current, and complete registration information
• Be at least 18 years of age
• Have the authority to bind your organization to these Terms
• Maintain the security of your account credentials

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring your account information remains accurate and up to date

3.3 Prohibited Account Activities

You may not:

• Share your account credentials with others
• Create multiple accounts to circumvent usage limits
• Use automated means to create accounts
• Transfer or sell your account to another party

4. License and Usage Restrictions

4.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

4.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Rent, lease, lend, sell, or sublicense access to the Service
• Use the Service to develop competing products or services
• Remove or modify any proprietary notices
• Use the Service in any unlawful manner or for illegal purposes
• Circumvent usage limits or access restrictions
• Scrape, crawl, or use automated tools to extract data from the Service

5. Data and Privacy

5.1 Customer Data

You retain ownership of your Customer Data. You grant us a license to use, process, and store Customer Data solely to provide and improve the Service. You represent and warrant that:

• You have all necessary rights and consents to provide Customer Data to us
• Customer Data does not violate any laws or third-party rights
• You have obtained all required consents for data processing

5.2 Output Data

Output Data generated by the Service is owned by Breaknine. We grant you a license to use Output Data for your business purposes, subject to these Terms.

5.3 Data Protection

We implement industry-standard security measures to protect your data. However, you acknowledge that no system is completely secure. Our data practices are described in our Privacy Policy.

5.4 Compliance

You are responsible for ensuring your use of the Service complies with all applicable laws, including data protection and privacy laws (e.g., CCPA, CAN-SPAM Act, TCPA). You must:

• Obtain necessary consents before using prospect contact information
• Comply with anti-spam and telemarketing laws
• Respect opt-out requests and do-not-contact preferences
• Maintain appropriate data processing agreements

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property or privacy rights
• Send spam, unsolicited communications, or engage in harassment
• Distribute malware, viruses, or harmful code
• Engage in fraudulent or deceptive practices
• Interfere with or disrupt the Service or servers
• Attempt unauthorized access to systems or data
• Use the Service for competitive intelligence or benchmarking
• Violate the rights of any third party

7. Fees and Payment

7.1 Fees

You agree to pay all fees associated with your subscription plan. Fees are non-refundable except as required by law or explicitly stated in these Terms.

7.2 Billing

Fees are billed in advance on a subscription basis (monthly or annually). You authorize us to charge your payment method on file for recurring fees.

7.3 Price Changes

We may change our pricing with 30 days' notice. Price changes will apply to your next billing cycle unless you cancel before the change takes effect.

7.4 Late Payment

If payment is not received when due, we may suspend or terminate your access to the Service. You are responsible for any collection costs or late fees.

8. Intellectual Property

8.1 Our Ownership

The Service, including all software, algorithms, designs, trademarks, and content, is owned by Breaknine and protected by intellectual property laws. Nothing in these Terms transfers ownership rights to you.

8.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to you. You grant us a perpetual, worldwide, royalty-free license to use such feedback.

9. Termination

9.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period.

9.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• If your use poses a security or legal risk
• If we discontinue the Service (with 30 days' notice)

9.3 Effect of Termination

Upon termination:

• Your access to the Service will immediately cease
• You remain responsible for any outstanding fees
• We may delete your data in accordance with our retention policies
• Provisions that by nature should survive will continue to apply

10. Warranties and Disclaimers

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 No Guarantee of Results

We do not guarantee that the Service will meet your requirements, achieve specific results, or operate without interruption or errors.

10.3 AI-Generated Content

Output Data is generated by AI and may contain errors or inaccuracies. You are responsible for reviewing and verifying all Output Data before use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BREAKNINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Breaknine and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Customer Data

13. Dispute Resolution and Arbitration

13.1 Binding Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

13.2 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to bring claims as a plaintiff or class member in any class or representative action.

13.3 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Breaknine regarding the Service.

14.2 Modifications

We may modify these Terms at any time. We will notify you of material changes via email or through the Service. Continued use after changes constitutes acceptance.

14.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

14.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15. Contact Information

For questions about these Terms, please contact us at support@breaknine.ai.