THIS TERMS OF USE AGREEMENT (THE "AGREEMENT") IS BETWEEN OPENDOC AI, INC., DOING BUSINESS AS PICEPT (THE "COMPANY") AND ANY ENTITY OR INDIVIDUAL ACCESSING AND USING THE SERVICE (THE "CUSTOMER") (EACH, A "PARTY" AND COLLECTIVELY, THE "PARTIES"). BY ACCESSING OR USING THE SERVICE, CUSTOMER AGREES TO THESE TERMS.
We are OpenDoc AI, Inc., doing business as Picept, a company registered in Delaware, United States, with our headquarters located at 4828 Tonnelle Avenue, North Bergen, NJ 07047. You can contact us by phone at (513) 570-3657, email at support@picept.ai, or by mail to our headquarters address.
For purposes of this Agreement, the following terms shall have the meanings specified below:
Subject to the terms of this Agreement, Company grants Customer a limited, worldwide, non-exclusive, non-sublicensable, non-transferable and revocable right to remotely access the Service during the Subscription Term, solely for Customer's internal purposes and according to the Subscription Scope.
Customer is required to set up an administrative account and warrants that all registration information is complete and accurate. Customer shall be responsible for all activities under the Account and must keep login credentials confidential.
Customer will pay the subscription fees as specified in their plan. All fees are denominated in U.S. Dollars, are non-refundable, and must be paid within thirty (30) days of invoice date. Overdue amounts will incur interest charges of 1.5% monthly.
Company may suspend Platform access if payment is more than seven (7) days overdue, or if Company determines suspension is necessary to protect Company or other customers from potential harm.
All fees exclude applicable taxes. Customer is responsible for sales tax, VAT, and similar levies, except for taxes on Company's income.
Customer agrees not to engage in prohibited activities including duplicating, replicating, or creating mirrors of the Platform; distributing, reselling, or providing access to third parties without authorization; attempting to reverse engineer, decode, or extract source code from the Platform; modifying or obscuring proprietary notices or branding; disabling or interfering with security mechanisms; developing competing products using our Platform; introducing viruses, malware, or other harmful code; or overloading or abusing our system infrastructure.
Your subscription will automatically renew for additional successive terms unless you cancel your subscription through your account settings or by contacting us.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting support@picept.ai. When you cancel, you'll continue to have access through the end of your current billing period, and we'll stop billing you for subsequent periods. Cancellation does not entitle you to any refund of fees already paid.
AI Technology Notice: Our Platform incorporates artificial intelligence and machine learning capabilities, including generative AI tools ("AI Components"). These AI Components are provided without warranties and with inherent limitations.
Customer must not:
AI Limitation Notice: COMPANY PROVIDES NO GUARANTEES REGARDING AI ACCURACY OR COMPLETENESS. AI OUTPUTS ARE NOT PROFESSIONAL ADVICE. CUSTOMER USES AI COMPONENTS AT THEIR OWN RISK AND DISCRETION.
You may not:
Data Storage: We store your data on Amazon Web Services (AWS) with encryption at rest and in transit.
Data Retention: You may request data deletion or modification of retention periods by contacting support@picept.ai.
Your Responsibility: You are responsible for maintaining backup copies of your critical data.
This Agreement continues for the Initial Subscription Term specified in the Order Form. Following the Initial Term, the subscription will automatically renew for successive terms unless Customer cancels through account settings or by contacting support@picept.ai.
Cancellation: Customer may cancel at any time through account settings or by contacting support. When cancelled, Customer continues to have access through the end of the current billing period, and Company will stop billing for subsequent periods. No refunds will be provided for fees already paid.
Either party may terminate this Agreement immediately upon written notice if the other party commits a material breach and fails to cure such breach within sixty (60) days after written notice (except payment defaults, which have a seven (7) day cure period).
Upon termination: (a) the Subscription terminates immediately; (b) Customer must cease all access to the Service; (c) all outstanding fees become immediately due; and (d) no refunds will be provided. Customer must return or destroy all Company Confidential Information.
OTHER THAN AS EXPLICITLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING:
SUBJECT TO APPLICABLE LAW:
These limitations apply to all legal theories and persist even when Company is notified of potential damages.
Company will defend Customer against third-party claims alleging that the Service, when used as permitted, infringes intellectual property rights, and will pay damages awarded by final court ruling, provided Customer promptly notifies Company and grants Company sole authority to handle the defense.
Customer agrees to defend, indemnify, and hold Company harmless from claims arising from: (a) Customer's use of the Service; (b) Customer's breach of this Agreement; (c) Customer's violation of laws or third-party rights; and (d) Customer Data or content submitted through the Service.
Company is the sole and exclusive owner of all intellectual property rights in the Service, including all software, algorithms, AI models, and related improvements.
Customer grants Company a worldwide, non-exclusive license to access and use Customer Data solely to provide the Services. Customer represents it has obtained all required consents for Company to process Customer Data.
We store Customer Data on Amazon Web Services (AWS) with encryption at rest and in transit. Customer may request data deletion by contacting support@picept.ai. Customer is responsible for maintaining backup copies of critical data.
This Agreement shall be governed by Delaware state law, without reference to conflict of laws principles. The competent courts of Delaware shall have exclusive jurisdiction over any disputes arising under this Agreement.
Each party irrevocably waives its right to trial by jury. Claims must be brought within one (1) year of the cause of action arising.
Entire Agreement: This Agreement represents the entire agreement between the parties and may only be amended by written agreement executed by both parties.
Assignment: Neither party may assign this Agreement without prior written consent, except in connection with a merger, acquisition, or sale of substantially all assets.
Severability: If any provision is held invalid, the remaining provisions remain in effect.
Force Majeure: Company will not be liable for delays resulting from circumstances beyond its reasonable control, including acts of God, war, terrorism, pandemic, or government actions.
Independent Contractors: No partnership, joint venture, or employment relationship is created by this Agreement.
OpenDoc AI, Inc. (d/b/a Picept)
4828 Tonnelle Avenue
North Bergen, NJ 07047, United States
Phone: (513) 570-3657
Email: support@picept.ai
This Agreement is effective upon access to or use of the Service and does not require physical signatures.