These Terms of Service (“Terms”) apply to your use of the Purple8 website and the purchase of Purple8 products and licences. Your`` installation and use of the software is separately governed by the End User License Agreement (EULA). If there is a conflict about the software itself, the EULA controls.
1. Agreement to terms
These Terms are a binding agreement between you and Purple8, Inc., a Delaware corporation (“Purple8”, “we”, “us”). By accessing the Site, creating an account, or purchasing a licence, you agree to these Terms. If you are acting for an organisation, you represent that you are authorised to bind it.
2. Accounts
You must provide accurate information and keep your account credentials secure. You are responsible for all activity under your account. Notify us promptly of any unauthorised use.
3. Licences, editions & the software
Purple8 offers free and paid editions of its software. What each edition includes — capacity, features, and support — is described on our pricing page and may change over time. Your right to use the software is granted under the EULA; these Terms cover the commercial relationship (ordering, billing, and website use) around it.
4. Fees, billing & renewal
- Paid plans are billed in advance on a monthly or annual basis through our payment provider (Stripe).
- Unless stated otherwise, subscriptions renew automatically for the same term until cancelled. You can cancel before the next renewal to avoid further charges.
- Fees are exclusive of taxes, which are added where applicable. You are responsible for any taxes other than Purple8's income taxes.
- Except where required by law or expressly stated, fees are non-refundable.
5. Free, beta & pre-release editions
Free, beta, developer, and other pre-release editions are provided “as is” for evaluation and development, may change or be discontinued, and may carry usage limits. Any additional beta or developer terms apply in addition to these Terms.
6. Acceptable use
You agree not to:
- Use the Site or software unlawfully or to infringe others' rights;
- Circumvent licence, capacity, or authentication controls, or resell or redistribute the software except as permitted by the EULA;
- Interfere with or disrupt the Site, or attempt to gain unauthorised access to it;
- Misrepresent your affiliation with Purple8.
7. Intellectual property
The Site and the software, including all associated intellectual property rights, are owned by Purple8 or its licensors. These Terms do not grant you any rights to our trademarks or branding. Feedback you provide may be used by us without obligation to you.
8. Your data
Purple8 is embedded software that runs in your environment; the data you process with it stays on your infrastructure and is not sent to Purple8. Information we do handle in connection with the Site and your account is described in our Privacy Policy.
9. Third-party services
The software can connect to third-party services you choose to configure (for example, model providers or cloud storage). Your use of those services is governed by their terms, and Purple8 is not responsible for them.
10. Disclaimers
The Site is provided “as is” and “as available” without warranties of any kind, to the fullest extent permitted by law. Warranty terms for the software are set out in the EULA.
11. Limitation of liability
To the maximum extent permitted by law, Purple8 will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the Site. Our total liability arising out of or relating to these Terms will not exceed the amounts you paid to Purple8 in the twelve months before the claim.
12. Indemnification
You agree to indemnify and hold Purple8 harmless from claims arising out of your breach of these Terms or your misuse of the Site.
13. Termination
We may suspend or terminate your access to the Site or your account if you breach these Terms. Provisions that by their nature should survive termination (such as intellectual property, disclaimers, and limitations of liability) will survive.
14. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. The courts located in Delaware will have exclusive jurisdiction, unless a mandatory law provides otherwise.
15. Changes
We may update these Terms from time to time. We will post the updated version here and revise the “Effective” date above. Your continued use of the Site after changes take effect constitutes acceptance.
16. Contact
Questions about these Terms? Contact legal@purple8.ai.
Purple8, Inc. · 1111B South Governors Avenue, Suite 24066, Dover, DE 19904, USA · legal@purple8.ai