Terms of Service

1. Acceptance of terms

By accessing or using the Punchbowl Software platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Services. These Terms apply to all visitors, users, and others who access the Services. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of services

Punchbowl provides an enterprise intelligence platform that includes data ingestion, integration, analytics, and workflow automation capabilities. The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with reasonable notice where practicable.

3. Account registration and security

To access the Services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

You may not share your account credentials with others. Enterprise customers may create sub-accounts for authorized users within their organization, subject to the user limit of their subscription plan.

4. Acceptable use

You agree not to use the Services to: (a) violate any applicable law or regulation; (b) transmit viruses, malware, or other harmful code; (c) interfere with or disrupt the integrity or performance of the Services; (d) attempt to gain unauthorized access to the Services or related systems; (e) use the Services to build a competing product; (f) reverse engineer or decompile the Services; or (g) use the Services to process or store data in violation of applicable privacy laws.

We reserve the right to terminate or suspend access to the Services for any user who violates these acceptable use provisions, without prior notice.

5. Subscription and payment

Paid subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly provided in these Terms or required by applicable law. We may change our pricing with 30 days' notice to you.

If payment is not received when due, we may suspend access to the Services until outstanding amounts are paid. Annual subscriptions are not subject to refund if cancelled before the end of the subscription term.

6. Intellectual property

The Services and all related software, documentation, and materials are and remain the property of Punchbowl Software, Inc. and its licensors. Nothing in these Terms grants you any right to use our trademarks, trade names, or service marks.

You retain all rights to the data you submit to the Services ("Customer Data"). You grant Punchbowl a limited license to process Customer Data solely to provide the Services to you.

7. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidentiality obligations do not apply to information that is or becomes publicly known through no fault of the receiving party.

8. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUNCHBOWL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES. PUNCHBOWL'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PUNCHBOWL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California.

10. Contact

If you have questions about these Terms, contact us at legal@punchbowl.io.