Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PUNO Inc. ("PUNO," "we," "us," or "our") governing your use of our AI conversation automation platform, website, applications, and related services (collectively, the "Service").

By accessing or using our Service, creating an account, or connecting social media platforms, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access or use the Service.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

PUNO provides an AI-powered conversation automation platform that enables businesses to automate customer interactions across various social media platforms and messaging services.

Core Services

• Automated response systems for customer inquiries
• Social media account integration and management (Facebook, Instagram, WhatsApp)
• AI-powered chatbot functionality and conversation flows
• Analytics and reporting on conversation performance
• Customer relationship management tools
• Workflow automation and business process optimization

Platform Integrations

• Facebook/Meta Platform: Integration with Facebook Pages, Messenger, and Instagram Business accounts
• WhatsApp Business: WhatsApp Business API integration for business messaging
• Third-party APIs: Integration with CRM systems, payment processors, and other business tools

Service Limitations

Our Service is dependent on third-party platforms and APIs. Service availability and functionality may be affected by:

• Changes to third-party platform policies or APIs
• Platform maintenance, outages, or technical issues
• Rate limits imposed by integrated platforms
• Compliance requirements and platform approvals

3. Account Registration and Security

Account Creation

To use our Service, you must create an account by providing accurate, complete, and current information. You agree to:

• Provide truthful and accurate information during registration
• Maintain and promptly update your account information
• Use your real identity and not impersonate others
• Comply with age requirements (18 years or older)

Account Security

• You are responsible for maintaining the security of your account credentials
• You must immediately notify us of any unauthorized access or security breaches
• You are liable for all activities that occur under your account
• We recommend using strong, unique passwords and enabling two-factor authentication

Platform Connections

When connecting social media platforms to your PUNO account:

• You must have legitimate authorization to connect and manage those accounts
• You grant PUNO necessary permissions to operate on your behalf
• You remain responsible for compliance with platform-specific terms
• You can revoke these connections at any time through your account settings

4. Platform Integration and Compliance

Facebook/Meta Platform Compliance

Our integration with Facebook, Instagram, and WhatsApp is subject to Meta's Platform Terms and Developer Policies. You agree to:

• Comply with all applicable Meta terms, policies, and community standards
• Obtain proper consent from users before processing their data
• Respect user privacy and data protection rights
• Not use platform data for prohibited purposes (surveillance, discrimination, etc.)
• Implement appropriate data security measures

Data Processing Responsibilities

As a user of our Service, you acknowledge that:

• You remain the data controller for any customer data processed through our platform
• PUNO acts as a data processor on your behalf for customer conversation data
• You are responsible for obtaining necessary consents and providing privacy notices
• You must comply with applicable data protection laws (GDPR, CCPA, etc.)

Platform Updates and Changes

Third-party platforms may change their terms, APIs, or functionality. You understand that:

• We will make reasonable efforts to adapt to platform changes
• Some features may become unavailable due to platform restrictions
• You may need to re-authorize connections or update settings
• We are not liable for disruptions caused by third-party platform changes

5. Data Processing and Privacy

Your privacy and data protection are important to us. Our data practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Customer Data

• You retain ownership and control of your customer conversation data
• We process this data solely to provide our services as instructed by you
• We implement appropriate technical and organizational security measures
• We will not use your customer data for our own purposes without consent

Platform Data

Data obtained from social media platforms is subject to specific restrictions:

• We use platform data only for permitted purposes
• We do not sell, license, or improperly share platform data
• We respect user requests for data deletion or modification
• We comply with platform-specific data retention requirements

6. Acceptable Use Policy

You agree to use our Service responsibly and in compliance with all applicable laws. Acceptable use includes:

Permitted Activities

• Automating legitimate customer service interactions
• Providing helpful information and support to your customers
• Managing business communications across multiple platforms
• Collecting analytics to improve customer experience
• Integrating with authorized business tools and systems

Required Consents

• Obtain explicit consent before initiating automated conversations
• Provide clear opt-out mechanisms for users
• Respect user preferences and communication boundaries
• Comply with anti-spam laws and regulations

Professional Conduct

• Maintain truthful and transparent communication with customers
• Clearly identify automated messages when required
• Provide accurate information about your business and services
• Respect intellectual property rights of others

7. Prohibited Practices

The following activities are strictly prohibited when using our Service:

Content and Communication Violations

• Sending spam, unsolicited messages, or bulk communications without consent
• Distributing false, misleading, or deceptive information
• Harassment, abuse, or harmful content targeting individuals or groups
• Promotion of illegal activities, violence, or hate speech
• Infringement of intellectual property rights or privacy violations

Technical and Security Violations

• Attempting to reverse engineer, modify, or circumvent our security measures
• Interfering with the proper functioning of our Service or infrastructure
• Accessing unauthorized areas of our platform or other users' accounts
• Transmitting malware, viruses, or other harmful code
• Overloading our systems or attempting denial-of-service attacks

Platform-Specific Violations

• Violating terms of service of integrated social media platforms
• Attempting to collect user data without proper authorization
• Using platform data for surveillance, discrimination, or profiling
• Facilitating fake accounts or inauthentic behavior
• Circumventing platform rate limits or technical restrictions

Business and Legal Violations

• Fraudulent activities or impersonation of others
• Money laundering, terrorist financing, or other financial crimes
• Violation of export controls or sanctions regulations
• Unauthorized practice of licensed professions (legal, medical advice)
• Activities that violate consumer protection laws

8. Intellectual Property Rights

PUNO's Intellectual Property

The PUNO platform and its original content, features, and functionality are owned by PUNO Inc. and are protected by international copyright, trademark, and other intellectual property laws.

• All software, algorithms, and AI models developed by PUNO
• PUNO trademarks, logos, and brand elements
• Documentation, tutorials, and educational content
• Platform design, user interface, and user experience elements

Your Content and Data

You retain ownership of content you create using our platform, including:

• Conversation flows and automation rules you design
• Custom responses and messaging templates
• Business data and customer information
• Integration configurations and custom settings

License Grants

By using our Service, you grant PUNO a limited license to:

• Host, store, and process your content to provide our services
• Use aggregated, anonymized data to improve our platform
• Display your business name and logo in connection with our services
• Create derivative works necessary for service provision

Third-Party Content

You must respect the intellectual property rights of third parties and ensure you have proper rights to use any content in your automations.

9. Payment Terms and Billing

Subscription Plans

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are exclusive of applicable taxes, which you are responsible for
• Pricing may vary by region and currency
• We reserve the right to change pricing with 30 days' advance notice

Payment Processing

• Payments are processed through secure third-party payment providers
• You must provide valid payment information and authorize recurring charges
• Failed payments may result in service suspension
• You are responsible for any fees charged by your payment provider

Refunds and Cancellations

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• No refunds for partial months unless required by law
• We may offer refunds at our discretion for service disruptions

Free Trials

Free trials may be offered with specific terms and limitations. Unless canceled before the trial ends, you will be automatically charged for the selected subscription plan.

10. Service Availability and Support

Service Level

We strive to maintain high service availability but cannot guarantee 100% uptime. Our services may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency repairs or security patches
• Third-party platform outages or limitations
• Force majeure events beyond our control

Customer Support

• Support is provided through our help center, email, and in-app messaging
• Response times vary by subscription plan and issue complexity
• Priority support may be available for higher-tier plans
• We provide documentation, tutorials, and community resources

11. Limitation of Liability

To the fullest extent permitted by applicable law, PUNO Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Service interruptions or platform outages
• Third-party platform changes or restrictions
• Unauthorized access to or alteration of your transmissions or data
• Actions or inactions of third-party service providers

Damage Cap

In no event shall our total liability to you for all damages exceed the amount you paid to PUNO in the 12 months preceding the claim, or $100, whichever is greater.

Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless PUNO Inc., its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses arising from:

• Your use of our Service or violation of these Terms
• Your violation of any law, regulation, or third-party rights
• Content you submit or transmit through our Service
• Your breach of representations, warranties, or covenants
• Claims by your customers or third parties related to your use of our Service

Defense and Settlement

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

13. Termination and Suspension

Termination by You

• You may terminate your account at any time through your account settings
• Termination takes effect at the end of your current billing period
• You remain responsible for charges incurred before termination
• You may export your data before termination

Termination by PUNO

We may suspend or terminate your account if:

• You violate these Terms or our policies
• Your account remains inactive for an extended period
• You fail to pay required fees
• We are required to do so by law or platform requirements
• Your activities pose a risk to other users or our platform

Effect of Termination

• Your access to the Service will cease immediately
• We may delete your account and data after a retention period
• Provisions relating to indemnification and liability survive termination
• You must stop using our Service and disconnect platform integrations

14. Dispute Resolution

Informal Resolution

Before pursuing formal dispute resolution, please contact us at legal@puno.ai to discuss any concerns. We are committed to resolving disputes amicably when possible.

Arbitration

Any disputes arising from these Terms or your use of our Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

Class Action Waiver

You agree that disputes will be resolved on an individual basis and not as part of a class action, collective action, or representative proceeding.

Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights or prevent irreparable harm.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

For users in the European Union, these Terms do not limit any mandatory consumer protection rights you may have under local law.

16. Changes to Terms

We may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Notify you by email or through our platform
• Post the updated Terms on our website
• Update the "Last updated" date
• Provide a reasonable notice period before changes take effect

Your continued use of our Service after the effective date constitutes acceptance of the updated Terms.

17. Contact Information