Terms of Use

Last Updated: November 19, 2024

Please read these Terms of Use carefully as they contain important information about your legal rights, remedies and obligations. The following terms and conditions, together with any terms they expressly incorporate by reference (collectively, “Terms“), govern your access to and use of www.patomy.com (the “Site“) and our services. These Terms are entered into by and between you (“you” or “your”) and Patomy, Inc. (“Company,” “our”, “we,” or “us“), when you use our Services.

These Terms represent a binding contract between you, either individually or on behalf of an entity (“you“), and the Company which governs your/User’s use of the Website, which is being hosted via mobile, tablet and other smart devices and all associated services any updates and up gradation of the same. By using the Site, you acknowledge that you have read, comprehended, and accepted to be bound by these Terms. You are specifically prohibited from using the Site and must stop using them right away if you disagree with the Terms.

Users must be at least 13 years old to utilize the Site.  Any user who is considered a minor in the country in which they reside (often under the age of 18) must obtain consent from their parent or legal guardian and be under their direct supervision. Before you use the Site, if you are a minor, your parent or legal guardian must read and accept these Terms.

Our collection and use of personal information in connection with your access to and use of the Site is described in our Privacy Policy.

If you do not agree with these Terms, you must not access or use this Site.

Company reserves the right to change, edit, or delete any documents, information, or other content appearing on the Site or these Terms from time to time without notice and in its sole discretion. All changes are effective immediately when posted and apply to all access to, and use of, this Site thereafter. Therefore it is important that you review these Terms and Conditions regularly to ensure that you are updated as to any changes.

  1. The Site provides access to their AI/ ML powered chatbot, which provides real-time insights basis the reviews that are available to shape product decisions and outperform competitors of the Users who are utilising our Site (“Services”).

 

  1. To promote the Site other member content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. The Site may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. The Site is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by the Site of such Third-Party Services.
  1. Due to the nature of the Internet, the Site cannot guarantee the continuous and uninterrupted availability and accessibility of the Site. The Site may restrict the availability of the Site or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site. The Site may be improved, enhanced and modified to introduce new services from time to time.
  1. The Site may make access to and use of the Services, or certain areas or features of the Site, subject to certain conditions or requirements, such as completing a verification processes.
  1. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of a user’s identity.
  1. The access to or use of certain areas and features, the Site may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Site, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
  1. The Company reserves the right to modify these Terms at any time in accordance with the provision of applicable laws and regulations. If we make changes to these Terms, we will post the revised Terms on the Site and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Site will constitute acceptance of the revised Terms.
  1. You must register an account to access and use certain features of the Site. When registering for an account and subscription, you must provide accurate and legally valid information and ensure that this information remains current and up-to-date within the Site. You are responsible for securing your account credentials, as well as the credentials of any user accounts created under your account. Each user account created under your account must be used by only one individual. Sharing accounts between multiple users is prohibited. You are fully accountable for all content you submit on the Site, as well as all activities conducted within your account. This includes any actions or content submitted by individuals with user accounts associated with your account.

 

  1. You have been provided with various subscription models with transparent pricing to use the Services. Any offers, discounts that are available on the subscriptions shall be limited time offers (unless otherwise stated in a subscription). You agree that at the time of subscribing to the Services you will abide to any terms of subscription that are valid and subsisting at the time of the subscription. Site has tied up with Stripe (“Payment Platform”) for facilitating the online payment facility available on the Site, and processing of such payments shall be bound by the terms, privacy policy of the Payment Platform in addition to the terms stated herein.

 

  1. Your subscription allows you to use “context tokens” for generating the results for use of the Services for your benefit. The subscription is limited to 3 SKU’s , including for competing products. Any tailored solutions will require you to subscribe to enterprise solution, which may be governed by additional terms. A token is a unit of text representing approximately three-quarters of a word. In a conversation, that you undertake with the chatbot to utilise the Services, three types of tokens are used:
  1. Training Tokens: These tokens are used to train the agent (Max: 35,000 per conversation).
  2. Input Tokens: Tokens generated from user inputs, such as questions to the agent.
  3. Output Tokens: Tokens used for the agent’s responses to user queries (Max: 2,250 per response).

Together, these three token types form what we refer to as Context Tokens. A single conversation can include up to 75,000 context tokens in total. For example, a conversation might consist of 22,000 training tokens, 13,000 input tokens, and 40,000 output tokens. It’s important to note that training tokens cannot exceed 35,000, and the agent’s output tokens are limited to 2,250 per response.

  1. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
  1. You can  cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 
  1. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
  1. The Service must not be used for any unlawful or unauthorized activities, and you must comply with all applicable laws in your jurisdiction when using the Site.
  1. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
  1. You acknowledge and agree that the Site and the content available on the Site (“Site Content”), including all associated intellectual property rights, are the exclusive property of the Site and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site. All trademarks, service marks, logos, trade names, and any other source identifiers of Site used on or in connection with the Site and Site Content are trademarks or registered trademarks of the Site. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site are used for identification purposes only and may be the property of their respective owners.
  1. Company grants you a limited license to access and make use of the Site. You are not permitted to use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, any of its components, or our trademarks in any form. You are also prohibited from attempting to reverse-engineer the app’s source code, translating it into other languages, or creating derivative works based on it. Company retains full ownership of the Site, along with all related trademarks, copyrights, database rights, and other intellectual property rights. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Site or its licensors, except for the licenses and rights expressly granted in these Terms.
  1. You agree that you will not transmit or otherwise transfer any web pages, data or content found on this Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial activity or enterprise. You agree that you will not use any device, software or routine to interfere or otherwise attempt to interfere with the proper working of this Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Company deems in its sole discretion to be unreasonable or disproportionate to the benefits Company obtains from your use of the Site.
  1. Unauthorized use of this Site and/or any data or content contained on this Site may violate applicable copyright, trademark, intellectual property, privacy or other laws. Any breach or misuse of the Site Content and intellectual property rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.
  1. You are prohibited from posting or transmitting any information that (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless you have the express written permission of the owner of such right, (c) contains a virus, “bug”, malware or other harmful item, or (d)  is unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane. You shall be solely liable for any damages resulting from any violation of the foregoing or any other harm resulting from your use of this Site.
  1. Reviews/ Reviewers. The Site and the Chatbot uses the publicly available reviews on the internet for the purposes of providing the review comparisons and other responses to the queries that are raised by You through use of our Services.
  1. Similarity of content. Due to the nature of our Services and artificial intelligence generally, output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any third party output.
  1. Our use of content. We may use various content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe.
  1. Opt out. If you do not want us to use your Content to train our models, you can opt out by following the instructions in this Help Center article⁠ (opens in a new window). Please note that in some cases this may limit the ability of our Services to better address your specific use case.
  1. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in output that does not accurately reflect real people, places, or facts. When you use our Services you understand and agree:
  • Output may not always be accurate. You should not rely on output from our Services as a sole source of truth or factual information, or as a substitute for professional advice.
  • You must evaluate output for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing output from the Services.
  • You must not use any output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
  • Our Services may provide incomplete, incorrect, or offensive Output that does not represent the Company’s views. If output references any third party products or services, it doesn’t mean the third party endorses or is affiliated with the Company.

26. Data Co-Op:

  • By using our Services, you will be contributing towards the training of our Chatbot towards providing more accurate results from the Services that are being provided by the Company. All such data and content shall be aggregated by the Company for the subscribers to access access better, more accurate models and predictions, which are particularly important in the field of product recommendations, customer behavior analysis, or financial forecasting.
  • By contributing data to the Company through use of the Services, you grant the Company, a non-exclusive, worldwide, royalty-free license to access, aggregate, process, and utilize your data for the purpose of generating product reviews, comparison reports, and training artificial intelligence models. All data will be handled in accordance with our privacy policy and relevant data protection laws.
  • We may also use the services of a data co-operative to share your insights and content. Our output may also be driven by the data that our chatbot/ Services have been trained in through the data co-operatives with whom we partner. If we share the data provided by you with a data co-operative then, we will ensure that the same is protected.
  1. Company does not guarantee that the Site will meet your specific needs, nor does it offer any assurances regarding the Sites’ uptime, availability, reliability, security, privacy, performance, or other attributes such as error rates or accuracy.
  1. We may suspend or terminate your access to the Site at any time if you fail to comply with these Terms or if we believe your use of the Site could expose Company or its stakeholders to financial or legal risk. You are free to stop using the Services at any time. However, Company reserves the right to suspend or terminate the Site at its sole discretion, without notice. If the Site is terminated, your account may be deactivated or deleted, and you will lose access to it, along with any content stored in your account.
  1. Disclaimer of Warranties

COMPANY AND ANY THIRD-PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. COMPANY AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER COMPANY NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. NOTWITHSTANDING THIS DISCLAIMER OF WARRANTIES, YOU MAY HAVE SPECIFIC WARRANTY RIGHTS, WHICH VARY FROM STATE TO STATE.

  1. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.

IN NO EVENT SHALL COMPANY, ITS EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, BUSINESSS INTERPRETATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE) OR (III) THE PERFORMANCE OR NONPERFORMANCE BY COMPANY OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

  1. Governing Law and Jurisdiction. These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by laws of the United States of America and of the State of California. The state and federal courts located in Redwood City, San Francisco, California, United States of America, shall have exclusive jurisdiction. You disclaim the right to a jury trial and participation in a class action suit.
  1. Information and Press Releases. The Site may contain interviews, discussions, press releases and other information (collectively, “Company Information”) about Company, its business and its services, including links to third party websites that contain such Company Information, which are being provided as a convenience to visitors of the Site. While all Company Information prepared by Company was believed to be accurate as of the date prepared, Company disclaims any duty or obligation to update any Company Information. Statements concerning companies other than Company that are contained in any such Company Information should not be relied upon as being provided or endorsed by Company. The opinions expressed in any Company Information, including by employees and agents of Company, are solely those of the author(s) and do not necessarily reflect those of Company.
  1. Visitors’ Communications. Except where expressly provided otherwise by Company, all comments, feedback, information, or materials that you submit through or in association with the Site shall be treated by you as confidential. By submitting such comments, feedback, information, or materials to Company:
    • You represent and warrant that Company’s use of your submission does not and will not breach any agreement, violate any law, or infringe any third party’s rights;
    • You represent and warrant that you have all rights to enter into these Terms.
    • Subject to the other conditions stated here, Company is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
    • You grant Company all necessary rights, including a waiver of all privacy and moral rights, to use all comments, feedback, information, or materials, in whole or in part, or as a derivative work, without any duty by Company to anyone whatsoever.
    • Company does not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.
  2. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Company and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Company and you in relation to the access to and use of the Site.
  1. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
  1. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
  1. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. 
  1. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. 
  1. Company makes no representation that the Site operates (or is legally permitted to operate) in all geographic areas, or that the Information, Site, or services are appropriate or available for use in other locations. Accessing the Site from territories where the Site or any Information or functionality of the Site or portion thereof is illegal is expressly prohibited. Any access of the Site and the Information thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and Site shall not be responsible for such access. The User shall always be responsible for his own compliance of the applicable laws.
  1. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: admin@patomy.com

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