Terms & Conditions

Effective as of January 9 2024

1. Introduction
Welcome to PestoAI Inc. ("PestoAI", "we", "us", "our"). By using our AI content generation services and accessing the console dashboard provided, you (the "Customer", "you") agree to be bound by these Terms and Conditions. Please read them carefully.

2. Access to Console Dashboard
2.1 As part of our services, we grant you access to a console dashboard. This dashboard is designed to facilitate your interaction with our services.
2.2 The dashboard and its features are subject to change, and we reserve the right to modify or discontinue any part of it without prior notice.

3. Content Generation and Liability Disclaimer
3.1 PestoAI utilizes advanced AI algorithms for content generation, 3rd party AI services, and other methods. However, we cannot guarantee the accuracy, appropriateness, or quality of the content.
3.2 The content may be incorrect or inappropriate, and we are not liable for any such content.
3.3 By using our services, you agree to indemnify PestoAI against any legal action or claims arising from the content generated by our service.

4. Content Management Rights
4.1 We reserve the right to create, publish, remove, edit, or update any content at any point, without liability.
4.2 These actions may be taken for any reason deemed appropriate by PestoAI, including but not limited to compliance with legal obligations or standards.

5. Subscription License and Use Restrictions
5.1 Your use of PestoAI is governed by a standard subscription license. This license grants you access to our services as outlined in your subscription agreement and or these terms.
5.2 You are prohibited from reselling, redistributing, or sublicensing PestoAI services or any of its components.
5.3 Any unauthorized use of PestoAI beyond the scope of the subscription license and or these terms may result in termination of your account and legal action.

6. Pricing and Subscription Modifications
6.1 We reserve the right to adjust our subscription prices and terms. Any changes will be effective immediately upon posting to our website or notification to you.
6.2 Continued use of our services after price changes constitutes your agreement to such changes.

7. Account Termination and User Responsibility
7.1 PestoAI reserves the right to terminate your account at any point without prior notice.
7.2 It is your responsibility to ensure that all content produced, published, or distributed through your use of PestoAI complies with all applicable laws and regulations.
7.3 PestoAI does not tolerate the creation or dissemination of hateful, illegal, or otherwise harmful content. Engaging in such activities may result in immediate termination of your account and further legal action.

8. Intellectual Property Rights
8.1 All intellectual property rights in the content generated by PestoAI's AI, as well as the underlying technology, are owned by or licensed to PestoAI. The use of PestoAI's services does not grant you any rights to our intellectual property except for the limited license to use the service as provided under these Terms.

9. Data Privacy and Security
9.1 Your privacy and data security are of utmost importance to us. Our handling, storage, and protection of your personal and usage data are governed by our Privacy Policy, which is incorporated herein by reference.

10. Limitation of Liability
10.1 To the maximum extent permitted by applicable law, PestoAI shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

11. User Conduct and Content Standards
11.1 You are expected to use PestoAI's services responsibly and legally. The creation, publication, or dissemination of any illegal, harmful, or offensive content through our services is strictly prohibited.

12. Limitation of Legal Recourse
12.1 Waiver of Rights to Dispute: By agreeing to these Terms and Conditions, you explicitly understand and agree that you waive any and all rights to bring any claim or action against PestoAI related to the use of our services. This waiver includes, but is not limited to, disputes arising out of or in connection with the content generated, services provided, or any other aspect of PestoAI.
12.2 Acknowledgment of Risk: You acknowledge that you use PestoAI's services at your own risk and discretion. You agree that, to the fullest extent permitted by law, you will not hold PestoAI liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, even if PestoAI has been advised of the possibility of such damages.
12.3 Understanding of Terms: Your agreement to these Terms and Conditions signifies that you understand the nature of the limitations described in this section and agree to them as part of your decision to use PestoAI's services.

13. Service Availability and Downtime
13.1 We aim to provide consistent service availability, but you acknowledge that there may be occasions when the service may be interrupted, including for maintenance, upgrades, emergency repairs, or due to failure of telecommunications links and equipment, or due to the unavailability of 3rd party vendors we rely on to provide service.

14. Modification of Services
14.1 We constantly change and improve our services. We may add, alter, or remove functionalities or features, and we may suspend or stop a service altogether.

15. User Feedback and Suggestions
15.1 Any feedback, comments, or suggestions you may provide regarding PestoAI is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

16. Billing and Payments
16.1 Subscription Charges and Payment Method: While PestoAI may offer a free trial period, customers must understand that the use of PestoAI's services is not free of charge post-trial. To continue using our services, you must have an active payment method on file. Your chosen payment method will be charged according to the billing cycle of your selected subscription plan, which may be monthly, annually, daily, or otherwise specified.
16.2 Subscription Plan and Billing Cycle: Your subscription plan, including the frequency and amount of billing, will be clearly communicated to you at the time of subscription and in subsequent communications. It is your responsibility to review and understand the terms of your subscription plan.
16.3 Automatic Renewal: Unless otherwise stated, subscriptions will automatically renew at the end of each billing cycle. It is your responsibility to cancel your subscription if you do not wish to renew.
16.4 Payment Failure: In the event of a failed payment, we will attempt to process the payment again. If payment fails repeatedly, we reserve the right to suspend or terminate your access to our services.
16.5 Updates to Payment Information: It is your responsibility to keep your payment information up to date. You can update your payment information through your account settings on the PestoAI dashboard.
16.6 Changes to Subscription Charges: PestoAI reserves the right to change the subscription charges. Any changes to the pricing will be communicated to you in advance.
16.7 No Refunds: Payments made to PestoAI are non-refundable, except as explicitly provided in these Terms or as required by applicable law.
16.8 Taxes and Additional Charges: You are responsible for all taxes and any other charges incurred in connection with your use of PestoAI's services. These may include, but are not limited to, currency conversion fees, transaction fees, and sales taxes.

17. Governing Law
17.1 These Terms will be governed by and construed in accordance with the laws of the jurisdiction where PestoAI is based, without regard to its conflict of law provisions.

18. Contact Information
If you have any questions or concerns about these Terms and Conditions, please contact us at support@pestoai.com.