Panobi BETA
Terms of Service
Effective date: August 24, 2023
Welcome to Panobi! We’re here to help growth teams increase their velocity, deliver results, and amplify customer insights across companies. Please note that your use of and access to the beta version of our service and software-development kit (the “Service”) is subject to the following terms, which are between you and Panobi, Inc. (the “Terms”). If you do not agree to all of these Terms, then please do not access or use the Service.
The Service. Subject to your compliance with these Terms, Panobi will provide you with access to the Service. You shall not decompile, disassemble or reverse engineer the Service, or otherwise attempt to discover the source code, object code, logic, process or underlying methodology, structure, ideas or algorithms of the Service, or related trade secrets, or any software, documentation or data related to the Service.
User Materials. You hereby grant Panobi a license to use the User Materials and Output (each defined below) solely for the purposes of: (a) providing the Service, and (b) testing and improving the Service (solely in aggregated and anonymized form and in a manner that does not disclose User Materials, Output or your Confidential Information). "User Materials" means any content, data or other information provided by or on behalf of you to Panobi via the Service. "Output" means the insights and report generated by the Service from your User Materials but excluding Panobi’s template reports. Customer retains all right, title, and interest in and to the Customer Materials and Output and all intellectual property rights therein.
Feedback. You may voluntarily provide feedback, suggestions, ideas, enhancement requests, recommendations or other information related to the Service (the "Feedback"). Panobi shall be free to use or exploit the Feedback provided to it without further consideration or compensation.
Fees. The beta version of Panobi’s Service is currently free. Panobi will provide you with notice before we begin charging for the Service.
Changes. Panobi reserves the right, at its sole discretion, to modify or replace the Service or any of these Terms at any time. Upon any change in these Terms, we will post the amended terms on www.panobi.com (the “Site”) and/or provide notice in another manner. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.
Privacy. Our current Privacy Policy is available at https://panobi.com/privacy-policy (the “Privacy Policy”), which is hereby incorporated by this reference.
Term; Termination. These Terms shall commence on the date you first agree to these Terms and shall continue until terminated by either party. Either party may terminate this Agreement for any reason or no reason upon notice to the other party
Confidential Information. Each party (a) shall treat the non-public or proprietary business or technical information (“Confidential information”) of the other party as confidential, (b) shall not use the other party’s Confidential Information except as set forth in these Terms, and (c) shall not disclose the other party’s Confidential Information to any third party except as expressly permitted herein without the disclosing party's written consent. Panobi’s Confidential Information includes all non-public features of the Services. Your Confidential Information includes your Customer Materials and the Output.
Third Party Products. The Service may permit you to link to third-party products and services (e.g., LaunchDarkly, Split, Statsig, Snowflake, BigQuery, Redshift, etc.) (“Third-Party Products”). These Third-Party Products are not under Panobi’s control, and you acknowledge that Panobi is not responsible for the accuracy, legality, appropriateness or any other aspect of the content or function of such Third-Party Products. You are responsible to obtaining and all expenses associated with your use of such Third-Party Products.
No Warranties. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Limitation of Liability. IN NO EVENT SHALL PANOBI (BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICE, OR (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF PANOBI IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION CONTRACT, STRICT LIABILITY, NEGLIGENCE AND/OR OTHER TORT, SHALL IN NO EVENT EXCEED FIVE HUNDRED U.S. DOLLARS ($500). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
Miscellaneous. The Terms shall be governed by and construed in accordance with the laws of the California, USA, excluding its conflicts of law rules. The relationship between the parties shall only be that of independent contractors.If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. Panobi may assign, transfer or delegate any of its rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Panobi, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received.
Contact. If you have any questions regarding our Terms, please contact Panobi at:
548 MARKET ST. PMB 77424,
SAN FRANCISCO, CA 94111