1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Pacer Intelligence Inc. (“Company,” “we,” “us,” or “our”), concerning your access to and use of the Pacer Intelligence website, platform, applications, APIs, and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

By accessing the Site or using our products, software, tools, APIs, agents, workflows, or related services (collectively, the “Services”), you agree that you have read, understood, and agreed to be bound by all of these Terms of Use.

We are registered in Delaware, United States, and have our registered office at:

Pacer Intelligence Inc.
251 Little Falls Drive
Wilmington, DE 19808
United States

If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site or Services and must discontinue use immediately.

The Site provides access to AI-powered software, agent infrastructure, workflow automation tools, data processing features, integrations, and related services. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated by reference.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date above. Your continued use of the Site or Services after revised Terms are posted means you accept those changes.

2. Eligibility and Use

The Site and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site or Services.

You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and third-party obligations.

3. Export Control

The Services are subject to U.S. and international export control and economic sanctions laws. You agree to comply with all such laws and regulations, including the Export Administration Regulations, trade and economic sanctions maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and other applicable laws.

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to a U.S. government embargo or comprehensive sanctions, and that you are not listed on any prohibited or restricted party list.

You may not use the Services to export, re-export, transfer, or otherwise make available any software, data, model output, or technical information to prohibited parties, countries, or regions.

4. Intellectual Property Rights

Unless otherwise indicated, the Site and Services are our proprietary property. All source code, databases, functionality, software, website designs, text, graphics, logos, trademarks, service marks, and other materials on the Site are owned or controlled by us or licensed to us.

You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Site and Services solely for your internal business or personal use, subject to these Terms.

No part of the Site or Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

5. User Representations

By using the Site or Services, you represent and warrant that:

• all registration information you submit is true, accurate, current, and complete;

• you will maintain the accuracy of such information;

• you have the legal capacity to agree to these Terms;

• you will not access the Services through automated or non-human means except as expressly permitted by us;

• you will not use the Services for any illegal or unauthorized purpose;

• your use of the Services will not violate any applicable law or regulation.

If you provide information that is inaccurate, incomplete, or outdated, we may suspend or terminate your account.

6. User Registration

You may be required to register with the Site to access certain Services. You agree to keep your password confidential and are responsible for all activity under your account.

We reserve the right to remove, reclaim, or change a username if we determine, in our sole discretion, that it is inappropriate, misleading, infringing, or otherwise objectionable.

7. Services

We reserve the right to modify, suspend, limit, or discontinue any part of the Services at any time and for any reason.

Descriptions, features, availability, pricing, and performance of the Services are subject to change at any time without notice. We do not warrant that the Services will meet your expectations or that errors will be corrected.

8. Purchases and Payment

We may accept payment through third-party payment providers such as Stripe or other supported methods.

You agree to provide current, complete, and accurate purchase and billing information for all purchases made through the Site. You authorize us to charge your selected payment method for all applicable fees.

All payments shall be made in U.S. dollars unless otherwise stated. We may change prices at any time. Sales tax may be added where required.

If your subscription or order is subject to recurring charges, you consent to recurring billing until you cancel the applicable subscription in accordance with the cancellation terms provided.

9. Refund Policy

Unless otherwise stated in writing, all sales are final and no refunds will be issued.

10. Prohibited Activities

You may not access or use the Site or Services for any purpose other than that for which we make them available.

You agree not to:

• systematically retrieve data or content from the Site to create or compile a database or directory;

• trick, defraud, or mislead us or other users;

• circumvent, disable, or interfere with security-related features;

• use the Services to harass, abuse, or harm another person;

• upload viruses, malware, spyware, or other harmful code;

• interfere with or disrupt the Site, Services, servers, or networks;

• attempt to gain unauthorized access to any part of the Services;

• copy, adapt, reverse engineer, or modify the Site’s software or code except as permitted by law;

• use bots, scrapers, spiders, or other automated tools without authorization;

• use the Services in a way that competes with us;

• use the Services for illegal, harmful, abusive, or unauthorized purposes;

• use the Services to generate, process, or distribute unlawful, infringing, deceptive, or harmful content.

Violation of these provisions may result in suspension or termination of your access to the Services.

11. User Content

The Services may allow you to upload, submit, process, transmit, or generate text, documents, files, data, prompts, outputs, or other materials (“User Content”).

You retain ownership of your User Content. You are solely responsible for your User Content and for ensuring that you have all rights necessary to submit, process, or use it through the Services.

You represent and warrant that your User Content does not violate any law, regulation, third-party right, confidentiality obligation, intellectual property right, privacy right, or contractual restriction.

12. License to User Content

By submitting User Content to the Services, you grant Pacer Intelligence Inc. a limited license to host, process, transmit, display, and use such User Content solely as necessary to provide, maintain, secure, and improve the Services, unless otherwise agreed in writing.

We do not claim ownership over your User Content.

13. Submissions and Feedback

If you provide us with questions, comments, suggestions, ideas, feedback, or other information regarding the Site or Services (“Submissions”), you agree that we may use and share such Submissions for any lawful purpose without acknowledgment or compensation to you.

14. Third-Party Services

The Site or Services may contain links to third-party websites, services, software, platforms, APIs, or integrations.

We are not responsible for third-party services, content, policies, security, or practices. Your use of third-party services is governed solely by the applicable third party’s terms and policies.

15. Integrations and Connected Accounts

As part of the Services, you may connect third-party accounts, applications, tools, APIs, or data sources.

By connecting a third-party account, you represent that you have the right to authorize us to access and process the relevant data as necessary to provide the Services.

You may disconnect third-party accounts through your account settings or by contacting us.

16. Site Management

We reserve the right, but not the obligation, to:

• monitor the Site and Services for violations of these Terms;

• take appropriate legal action against anyone who violates these Terms or applicable law;

• restrict, suspend, or terminate access to the Services;

• remove or disable files, content, or accounts that are excessive, harmful, unlawful, or burdensome;

• otherwise manage the Site and Services to protect our rights, users, systems, and business.

17. Privacy Policy

We care about data privacy and security. By using the Site or Services, you agree to be bound by our Privacy Policy, which explains how we collect, use, store, and protect personal data.

The Services may be hosted and operated in the United States and other jurisdictions. If you access the Services from outside the United States, you understand that your information may be transferred to, stored in, and processed in the United States or other countries.

18. Term and Termination

These Terms remain in full force and effect while you use the Site or Services.

We may suspend or terminate your access to the Site or Services at any time, without notice or liability, if we determine that you have violated these Terms, applicable law, or the rights of another party.

If your account is terminated, you may not create a new account without our prior written permission.

19. Modifications and Interruptions

We reserve the right to change, modify, suspend, discontinue, or remove any part of the Site or Services at any time without notice.

We cannot guarantee that the Site or Services will be available at all times. We may experience downtime, delays, bugs, maintenance, or interruptions.

We will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services.

20. Governing Law

These Terms and your use of the Site and Services are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.

21. Dispute Resolution

The parties agree to first attempt to resolve any dispute, controversy, or claim related to these Terms informally for at least thirty (30) days before initiating arbitration or litigation.

If the parties are unable to resolve the dispute informally, the dispute shall be resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association, unless otherwise required by applicable law.

The arbitration shall take place in Delaware, United States, unless otherwise agreed or required by law.

The parties agree that disputes shall be conducted only on an individual basis and not in a class, consolidated, or representative action.

22. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

23. Disclaimer

The Site and Services are provided on an “as-is” and “as-available” basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site, Services, and your use thereof, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy, completeness, reliability, availability, or suitability of the Site, Services, outputs, content, or linked websites.

You understand that AI-generated outputs may be inaccurate, incomplete, or unsuitable for your intended purpose. You are responsible for reviewing and validating all outputs before relying on them.

24. Limitations of Liability

To the fullest extent permitted by law, Pacer Intelligence Inc., including its directors, employees, contractors, partners, and agents, shall not be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or business interruption.

Our total liability to you for any claim shall be limited to the lesser of:

• the amount paid by you to us during the six (6) months before the claim arose; or

• USD $500.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

25. Indemnification

You agree to defend, indemnify, and hold harmless Pacer Intelligence Inc., including its subsidiaries, affiliates, officers, agents, partners, contractors, and employees, from and against any loss, damage, liability, claim, demand, cost, or expense, including reasonable attorneys’ fees, arising out of:

• your use of the Site or Services;

• your breach of these Terms;

• your violation of applicable law;

• your User Content;

• your violation of any third-party rights;

• any harmful act toward another user or third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification.

26. Electronic Communications, Transactions, and Signatures

Visiting the Site, using the Services, sending us emails, and completing online forms constitute electronic communications.

You consent to receive electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.

You agree to the use of electronic signatures, contracts, orders, records, and electronic delivery of notices, policies, and transaction records.

27. California Users and Residents

If a complaint with us is not satisfactorily resolved, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.

28. Third-Party Provider Terms

By using the Services, you acknowledge that we may rely on third-party cloud providers, infrastructure providers, AI model providers, payment processors, and software vendors.

You agree to comply with applicable third-party terms where required. We are not responsible for third-party provider failures, outages, changes, or misuse.

29. Miscellaneous

These Terms and any policies posted by us constitute the entire agreement between you and us.

Our failure to enforce any right or provision of these Terms shall not operate as a waiver.

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity of the remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and Pacer Intelligence Inc. as a result of these Terms or your use of the Services.

We may assign our rights and obligations under these Terms at any time.

30. Contact Us

To resolve a complaint regarding the Site or Services or to receive further information, please contact us at:

Pacer Intelligence Inc.
251 Little Falls Drive
Wilmington, DE 19808
United States

Email: legal@pacerintelligence.ai
Support: support@pacerintelligence.ai
Website: www.pacerintelligence.ai