We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions and contributions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.
Copyright infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS"
section below.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
12. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
13. SOCIAL MEDIA
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
14. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
15. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://getpinnacle.ai/privacypolicy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States, India, Germany, Ireland, United Kingdom, Italy, France, Spain, Sweden and Switzerland. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, India, Germany, Ireland, United Kingdom, Italy, France, Spain, Sweden and Switzerland, then through your continued use of the Services, you are transferring your data to the United States, India, Germany, Ireland, United Kingdom, Italy, France, Spain, Sweden and Switzerland, and you expressly consent to have your data transferred to and processed in the United States, India, Germany, Ireland, United Kingdom, Italy, France, Spain, Sweden and Switzerland.
18. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
19. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
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 without limitation pursuing civil, criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
21. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and to be entirely performed within the State of Tennessee, without regard to its conflict of law principles.
22. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States, Tennessee. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Davidson, Tennessee, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
23. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
24. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve 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 cooperate, at your expense, with our defense of such 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.
27. USER DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
28. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting 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.
29. SMS TEXT MESSAGING
Opting Out
If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP.” You may receive an SMS message confirming your opt out.
Message and Data Rates
Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.
Support
If you have any questions or need assistance regarding our SMS communications, please email us at [email protected] or call at (US)(931)277-6334.
30. CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
31. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
32. ACCOUNT TRANSFER AND USAGE RESTRICTIONS
1. Non-transferability of Account: Each account created with Pinnacle AI is personal to the account holder and is non-transferable under any circumstances. Account holders are prohibited from transferring, assigning, selling, or otherwise disposing of their accounts to other persons or entities, including but not limited to other agencies or accounts, without the express written consent of Pinnacle AI.
2. Restrictions on Content and Material: All content, data, and material generated, stored, or processed within Pinnacle AI, including but not limited to reports, graphics, documents, and other intellectual property, cannot be transferred or used outside of the designated Pinnacle AI account, except as expressly permitted by these terms or as otherwise authorized in writing by Pinnacle AI. This restriction aims to protect the proprietary and confidential nature of the services and material available through Pinnacle AI.
3. Exclusion of Contact Data: Notwithstanding the above, contact data such as names, phone numbers, emails, and other related contact information may be exported or transferred from Pinnacle AI, provided that such actions comply with applicable privacy laws and Pinnacle AI’s privacy policy. This exclusion is intended to facilitate legitimate business communications without contravening the account and content usage restrictions herein.
4. Consequences of Unauthorized Transfer:Any unauthorized attempt to transfer an account or its associated contents may result in immediate termination of the account, legal action, and other remedies available to Pinnacle AI under applicable law. By creating an account with Pinnacle AI, you acknowledge and agree to adhere to these terms and conditions, which are designed to ensure the integrity and security of the services provided by Pinnacle AI.
33. PHONE MESSAGING POLICY
All messaging transmitted via the Pinnacle Ai platform, regardless of use case or phone number type (e.g., long code or toll-free), must comply with Application-to-Person (A2P) messaging standards. All A2P messages originating from the system are subject to this Messaging Policy, which includes the following rules and prohibitions:
Consent (“opt-in”): Consent cannot be bought, sold, or exchanged. For example, you cannot obtain the consent of message recipients by purchasing a phone list from another party. SMS should only be sent to opted-in contacts.
Revocation of Consent (“opt-out”): The initial message sent to an individual must include language such as “Reply STOP to unsubscribe,” or an equivalent, so individuals have the ability to revoke consent at any time by replying with a standard opt-out keyword.
Sender Identification: Every initial message must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation.
Messaging Usage: You should not send messages related to alcohol, firearms, gambling, tobacco, or other adult content.
Filtering Evasion: We do not allow content designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases created to evade these mechanisms. We do not permit snowshoeing, which is spreading similar or identical messages across many phone numbers to evade unwanted messaging detection and prevention mechanisms.
This policy applies to all customers using Pinnacle Ai's phone messaging services to safeguard their messaging capabilities and services.
How We Handle Violations
When we identify a violation of these principles, we will, where possible, work with customers in good faith to get them back into compliance with the messaging policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to the platform for customers or customers’ end users who are not complying with the Messaging Policy or following applicable laws or communications industry guidelines and standards, in some instances with limited notice in the case of serious violations of this policy.
SMS Ramp-Up Model (V2)
Starting February 1st, 2024, all accounts created under Pinnacle Ai Phone will have an 8-level ramp instead of the 7-day ramp with a lower limit. Below is the table detailing the ramp:
Level |
SMS Sending Limit |
1 |
100 |
2 |
250 |
3 |
500 |
4 |
750 |
5 |
1500 |
6 |
2250 |
7 |
3000 |
8 |
3000+ |
How it Works:
- This ramp does not start on the signup date; it starts on the day the first successful SMS message is sent.
- All accounts start at Level 1, enabling them to send 100 SMS within 24 hours.
- To increase sending limits, the account must send the full level sending limit within a 24-hour window.
- After sending the full level sending limit within 24 hours, the account will be temporarily restricted from sending SMS for the next 24 hours. During this temporary restriction, SMS sending is disabled.
- After 24 hours, the temporary restriction will be removed, and the account will unlock the next level sending limit, increasing their sending limit.
Example:
- A new account will start at Level 1 with a sending limit of 100 SMS within 24 hours.
- To unlock Level 2, the account must send 100 SMS within 24 hours.
- After sending 100 SMS within 24 hours, the account will be temporarily restricted from sending SMS for 24 hours. After 24 hours, SMS sending will be allowed again, and the account will unlock Level 2 with a sending limit of 250.
- This process continues until Level 8, which allows for sending 3000+ SMS.
FAQs on SMS Ramp-Up Model
- Can I change or remove this ramp-up model? No. Previously, agencies could change the SMS limit within the ramp or post-ramp period. That capability has been removed.
- Do one-to-one and missed call text back SMS count toward my daily limit sending? Yes. Previously, one-to-one messages and missed call text back messages were not counted as part of the day’s total message; this will be counted henceforth.
- Can I send one-to-one messages during the 24-hour temporary sending restriction after reaching my level limit? No. Previously, when a location was temporarily restricted, one-to-one messages were allowed. That capability has been removed.
Why the Change?
Pinnacle Ai's phone policy was implemented to:
- Avoid SMS spam blasts from fake signups. New accounts on Pinnacle Ai Phone will follow the Ramp-Up Model.
- Avoid getting accounts blocked due to suspicious activity.
- Avoid legal actions due to increased spamming to non-consenting customers. Only bulk SMS sending will have daily limitations to avoid account suspension due to non-compliant messaging activity.
Error Screens or Notifications During a Violation:
- Conversation Error: You have exceeded your SMS sending limit.
- Bulk Action: You are allowed to send 5000 message(s) in a day. You have already sent 5000 message(s). If you wish to proceed, 1 Message(s) will be failed.
Spam Message Handling
Each message sent from the account ends up with one of the following four statuses:
- Sent: The messages for which we did not receive a response from the carrier can be in any of the statuses below.
- Delivered: The messages successfully delivered to the contact.
- Failed: The messages canceled or not sent to the carrier to forward to the contact.
- Undelivered: The messages sent were suspicious or did not fulfill the messaging policy.
As part of this feature, we will only consider undelivered messages. All undelivered messages will have a particular error code stored at each message level. We will use these codes to enable Temporary/Permanent DND at a contact level, preventing new SMSs from being sent to them and increasing your deliverability rate.
The table below summarizes the undelivered SMS error codes, their descriptions, and the relevant remediation measures:
Response Code |
Code Description |
Remediation |
30005 |
User Inactive/Number does not exist |
Enable Temporary DND |
30003 |
Unreachable- Out of Service |
Enable Temporary DND |
30004 |
Do not want SMS/DND enabled |
Enable Permanent DND |
30006 |
Landline/Incapable to receive SMS |
Enable Temporary DND |
30008 |
None of the above scenarios matched |
Do nothing |
- Temporary DND: The DND set at a contact level can be revoked by the agency or location.
- Permanent DND: The DND set at the contact level cannot be revoked by the agency or location as the contact is incapable of receiving the message or has opted out of receiving messages.
- Opt-Out Keyword: Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword like STOP, Unsubscribe, etc. In this case, a permanent DND will be enabled at the contact level.
Advantages:
- This will restrict the location from sending SMS to non-relevant contacts, eventually increasing the deliverability rate and decreasing the possibility of getting blocked.
- Locations will only send messages to contacts who have opted in.
Spam Messaging Error Screens:
- Conversation: Cannot send messages as DND is active for SMS.
- Bulk Action: All SMS sent via features like workflow and bulk SMS will automatically skip the DND-marked contacts from the sender list.
How to Revoke the DND for a Contact:
- For Temporary DND, go to the contact details and remove the DND flag.
- For Permanent DND, you cannot revoke it from the UI. To revoke the permanent DND, request the contact to send a reply with the "START," "YES," or "UNSTOP" keywords to the number. This should automatically remove the DND from the contact.
Note: If the START keyword does not revoke the DND and incoming/outgoing messages still fail, please raise a support ticket.
Opt-Out Language Addition
Consent for sending communications cannot be bought; it must be obtained explicitly from the user. Each initial message sent out by the company to an end-user must include two mandatory pieces of information: Sender ID and opt-out language.
- Opt-Out Language: The end user should have the capability to remove consent at any time. Each initial message should include opt-out keywords like STOP, UNSUBSCRIBE, etc. We will additionally add the opt-out language: “Reply STOP to unsubscribe.”
Note:
- The “Opt-out message” feature is applicable to bulk actions (Bulk SMS), workflows, and campaigns, but not to one-on-one conversations unless it is the first text being sent to a new contact who has never sent a text to the Pinnacle Ai phone number before.
Sender Information Addition
Consent for sending communications cannot be bought; it must be obtained explicitly from the user. Each initial message sent out by the company to an end-user must include two mandatory pieces of information: Sender ID and opt-out language.
- SenderID: Every message you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation. We will additionally add the sender info: “Thanks, .”
Note:
- The “Sender ID” feature is only applicable to bulk actions (Bulk SMS), workflows, and campaigns, and not to one-on-one conversations.
Error and Opt-Out Rate Monitoring
We focus on helping our customers deliver trusted communications. To ensure that the carrier does not block or suspend the account permanently based on bad usage, we will monitor the delivery rate of the overall account and take proactive measures to keep the delivery rate in check:
- Violation Email: We will send a notification email when the account hits an error rate of 8% and an opt-out rate of 1%.
- Temporary Account Restriction: We will send a suspension email when the account hits an error rate of 12.5% and an opt-out rate of 2.5%.
Note: When the account hits the temporary suspension, all upcoming outbound SMS will fail until 00:00 AM UTC.
What to Do When You Receive a Violation Email:
- Stop all workflows, campaigns, triggers, and/or bulk actions to contacts who have not explicitly opted in to receive messages from the account.
- Enable and customize the opt-out language and SenderID message as per your use case to prevent upcoming messages from being flagged.
- Discuss with your client to ensure no bulk communication, message blasts, or cold prospecting message campaigns are sent in the near future before replying to the support ticket.
Error and Opt-Out Rates:
- High Opt-Out Rate: Indicates that contacts receiving your messages have objected, generated complaints, or marked your SMS as spam. A good opt-out rate is typically 0—1%. Once the opt-out rate hits 2%, the account will be locked for sending text messages for 24 hours.
- High Delivery Error Rate: Indicates sending SMS to contacts that are no longer in service, unreachable, or using a non-SMS-capable device such as a landline. This may also mean external carrier filters are refusing to deliver your SMS due to past bad sending behavior. A good error rate is typically 0—6%. Once the error rate hits 12%, the account will be locked for sending text messages for 24 hours.
How to Remove Account Suspension Early:
The account suspension will be lifted in 24 hours. If the account is permanently suspended, refer to the article "Why is your account suspended" to unsuspend the account.
Note: One-on-one conversations, test SMS, resend messages, and missed call text back are allowed even if the account is suspended.
FAQs:
- How often does the SMS limit last? The SMS limit refreshes every 24 hours. For new accounts, the increments increase daily according to the ramp-up table. After the 8th day, the SMS limit is capped at 5000 per day.
- Can I send more than 5000 SMS per day? Once your location(s) hit the 8th-day mark (5000 SMS per day), you may request a limit extension from support.
- What happens when we hit our daily limit? Can we respond to SMS if a lead replies? No. The SMS daily limits affect all messaging activities, including manual SMS in conversations, automation within workflows, and bulk actions.
- Can we undo the DND option in bulk? No, this prevents sending SMS in bulk again after DND is enabled for the contacts.
- Does the auto-append Sender ID and Opt-Out Language feature apply to every first text of workflow or manual SMS? This feature is only applicable to bulk actions (Bulk SMS) and not to one-on-one conversations, workflows, or campaigns.
34. ADDITIONAL CHARGES FOR USAGE-BASED SERVICES
1. Auto-Complete Address: Subscribers will incur a charge of $0.0045 for each search result and $0.0078 per result selection.
2. Content Ai: Subscribers will incur a charge of $0.135 for every 1000 words processed by the Content Ai service.
3. Conversation Ai: Subscribers will incur a charge of $0.03 for each message processed by the Conversation Ai service.
4. Email Verification: Subscribers will incur a charge of $0.0037 per email verification conducted through the service.
5. Emails: Subscribers will incur a charge of $0.001 for each email sent through the service.
6. Funnel Ai: Subscribers will incur a charge of $1.485 for each Funnel generated.
7. Making Calls: Subscribers will incur a charge of $0.0021 per minute for making calls through the service.
8. Premium Triggers & Actions (gold crown): Subscribers will incur a charge of $0.015 per trigger and action used in the premium category.
9. Receiving Calls: Subscribers will incur a charge of $0.0128 per minute for receiving calls through the service.
10. Review Ai: Subscribers will incur a charge of $0.12 for each review response generated by the Review Ai service.
11. Text Messages: Subscribers will incur a charge of $0.0119 per segment sent as a text message through the service.
12. WhatsApp Messages: Subscribers will incur a charge of $0.0111 per conversation through the service.
13. Workflow Ai: Subscribers will incur a charge of $0.045 for each workflow executed by the Workflow Ai service.
Please be aware that all charges listed are exclusive of any applicable taxes or surcharges. Usage fees will be billed as the usage occurs and are subject to change with prior notice in accordance with the General Terms and Conditions of the service agreement.
35. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Pinnacle Ai
1 Broadway
Nashville, TN 37203
United States
Phone: (US)(931)277-6334