Terms of Service

1. Introduction

Welcome to Praclarity LLC ("Company", "we", "our", "us"). These Terms and Conditions ("Terms", "Agreement") govern your use of our AI automation services and website (collectively, the "Service") operated by Praclarity LLC.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

2. Communications

By creating an account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing [email protected].

3. Subscriptions

3.1. Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set on a monthly basis.

3.2. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Praclarity LLC cancels it.

3.3. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Praclarity LLC with accurate and complete billing information.

3.4. Should automatic billing fail to occur for any reason, Praclarity LLC will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

4. Free Trial

Praclarity LLC may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by Praclarity LLC until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

5. Fee Changes

5.1. Praclarity LLC, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

5.2. Praclarity LLC will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

5.3. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

6. Refunds

Refunds are not honored as a general policy. However, refunds may be issued at the sole discretion of Praclarity LLC. Each request for a refund will be reviewed on a case-by-case basis.

7. Account Cancellation

You may cancel your Subscription at any time by contacting customer service. Upon cancellation, your right to use the Service will continue until the end of your current Billing Cycle. After the current Billing Cycle ends, your access to the Service will be terminated.

## 8. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

9. Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:

9.1. In any way that violates any applicable national or international law or regulation.

9.2. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

9.3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.

9.4. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

## 10. Advertising

We reserve the right to display advertisements on the Service. These may include third-party advertisements. By using the Service, you agree to the display of such advertisements.

11. Intellectual Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Praclarity LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Praclarity LLC.

12. User Representations

By using the Service, you represent and warrant that:

12.1. You have the legal capacity and you agree to comply with these Terms and Conditions.

12.2. If you are under 18 years of age, you have obtained parental or guardian consent to use the Service.

12.3. You will not access the Service through automated or non-human means, whether through a bot, script or otherwise.

12.4. You will not use the Service for any illegal or unauthorized purpose.

12.5. Your use of the Service will not violate any applicable law or regulation.

13. Account Information

13.1. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account.

13.2. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service.

13.3. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

13.4. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.

13.5. You may not sell, resell, rent, lease, share, or otherwise transfer your account or any access to the Service.

14. Limitation of Liability

In no event shall Praclarity LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

14.1. Your access to or use of or inability to access or use the Service;

14.2. Any conduct or content of any third party on the Service;

14.3. Any content obtained from the Service; and

14.4. Unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Praclarity LLC's total liability for any claim arising out of or relating to these Terms or our Service is limited to the lesser of (1) the amount of fees you paid to use our Service in the 3 months prior to the action giving rise to liability, or (2) $3,000 USD.

15. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Praclarity LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

17. Dispute Resolution

17.1. Any dispute arising out of or relating to these Terms, including their formation, interpretation, breach, or termination, will be finally settled by binding arbitration conducted in Duval County, Florida, in accordance with the rules of the American Arbitration Association.

17.2. You must commence any legal action against Praclarity LLC within three (3) months after the incident giving rise to the claim occurred. After that time, such claim shall be permanently barred.

18. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

19. Contact Us

If you have any questions about these Terms, please contact us at:

Praclarity LLC

12220 Atlantic Blvd ste 130

Jacksonville, FL 32225

Email: [email protected]

20. SMS Communications

By providing your mobile number, you agree to receive SMS text messages from Praclarity LLC regarding your account, service updates, and promotional offers. Message and data rates may apply. You can opt-out of these messages at any time by replying "STOP" to any message. For help, text "HELP" to the number from which you received the message.

Last updated: 02 October 2024