Terms of Service

1. Introduction

These Terms of Service ("Terms") govern access to and use of the Pensorix platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

2. Description of Service

Pensorix provides a cloud-based analytics and data intelligence platform that enables organizations to connect to, analyze, visualize, and derive insights from their data sources. The Service may include dashboards, reporting tools, data processing capabilities, integrations, and related features.

Pensorix may update, modify, or discontinue features at its discretion. The Service does not guarantee the accuracy, completeness, or reliability of any analysis or results. The Service is a general-purpose analytics platform provided on a best-effort basis. Pensorix does not represent or guarantee that the Service, its algorithms, or generated outputs will be suitable for all users, industries, or datasets.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding agreements to use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

4. Account Registration

Users must create an account to access certain features. You agree to:

• •Provide accurate and complete information.
• •Maintain the confidentiality of your credentials.
• •Notify Pensorix of any unauthorized access to your account.

You are responsible for all activity under your account.

5. Customer Data

"Customer Data" means data submitted to or processed through the Service by or on behalf of the customer.

• •Ensuring you have the legal right to provide Customer Data.
• •Ensuring Customer Data does not violate applicable laws or third-party rights.

Pensorix processes Customer Data solely to provide the Service and as described in the Privacy Policy. You acknowledge that the accuracy and completeness of outputs generated by the Service depend on the quality and integrity of Customer Data.

6. Acceptable Use

You agree not to:

• •Use the Service for unlawful purposes.
• •Attempt to gain unauthorized access to systems or data.
• •Interfere with or disrupt the integrity of the Service.
• •Reverse engineer or attempt to extract source code except as permitted by law.

Pensorix reserves the right to suspend or terminate accounts that violate these Terms.

7. Security

Pensorix implements technical and organizational measures designed to protect Customer Data. However, no system is completely secure. You acknowledge and accept this risk. Pensorix does not guarantee that the Service will be free from security breaches or unauthorized access.

8. Intellectual Property

All intellectual property rights in the Service, including software, design, and branding, are owned by Pensorix or its licensors. Except for limited access rights granted under these Terms, no rights are transferred to you.

9. Fees and Payment

Access to certain features may require payment. Fees, billing cycles, and payment terms are defined in applicable order forms or subscription agreements.

Fees are non-refundable unless required by law. Pensorix may change pricing with reasonable notice.

10. Confidentiality

Each party agrees to protect the other's confidential information using reasonable safeguards and not to disclose it except as necessary to perform obligations under these Terms.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available." Pensorix disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Pensorix does not warrant that the Service or any results generated will be accurate, reliable, or suitable for your needs.

• •"the Service will meet your specific business or analytical requirements;"
• •"the algorithms or models used by the Service are appropriate for your particular use case;"
• •"any outputs, forecasts, or insights will be accurate, complete, or applicable to your organization."

12. Limitation of Liability

To the maximum extent permitted by law, Pensorix shall not be liable for indirect, incidental, special, consequential, or punitive damages, including any decisions made based on outputs generated by the Service. Total liability shall not exceed the amount paid by you to Pensorix in the twelve months preceding the claim.

13. Termination

You may terminate your account at any time. Pensorix may suspend or terminate access if you violate these Terms. Upon termination, access to the Service will cease, and data retention will be handled according to the Privacy Policy and applicable agreements. Pensorix is not responsible for retaining Customer Data after termination unless otherwise agreed.

14. Governing Law

These Terms shall be governed by the laws of the applicable jurisdiction specified in your service agreement or, if none is specified, by the laws of the company's principal place of business.

15. Changes to Terms

Pensorix may update these Terms. Continued use of the Service after changes constitutes acceptance of the updated Terms.

16. Financial Disclaimer

The Service provides data analysis, visualization, and modeling tools for informational purposes only. Pensorix does not provide financial, investment, accounting, tax, or legal advice. Any outputs, forecasts, or insights generated by the Service are based on data provided by the user and automated processes. Such outputs may be incomplete, inaccurate, or unsuitable for specific purposes. The Service relies on generalized models and assumptions that may not reflect the specific characteristics of your business or data. You are solely responsible for evaluating the accuracy and usefulness of any results and for any decisions made based on the Service. You should consult qualified professionals before making financial or business decisions.

17. Data Processing / Third-Party Services

The Service may rely on third-party providers. Pensorix is not responsible for the performance or availability of such services. Where Pensorix processes personal data on behalf of a customer, such processing is governed by the Pensorix Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. By using the Service, you agree to the DPA. A copy of the DPA is available at pensorix.com/dpa.

18. Service Availability

The Service may be unavailable from time to time due to maintenance or technical issues.

19. Beta Features

Pensorix may offer beta features that are provided "as-is" and may be modified or discontinued at any time.

20. Relay Software

The Pensorix Relay is a software component you install on your own infrastructure to enable secure communication between your database and the Service. By deploying and using the Relay, you agree to the following:

• •Authorization: You represent and warrant that you are the owner of, or have explicit authorization from the owner of, any database or system you connect to the Service via the Relay. Use of the Relay to access databases or systems without authorization is strictly prohibited and may constitute a violation of applicable law, including the Computer Fraud and Abuse Act (CFAA) and equivalent statutes in other jurisdictions.
• •One Relay per account: Each account is permitted one active Relay at a time. You may not share, transfer, or sublicense your Relay credentials to any third party.
• •No reverse engineering: You may not decompile, disassemble, reverse engineer, modify, or tamper with the Relay binary or any component of it. The Relay is provided as a compiled binary and contains proprietary logic protected by intellectual property law.
• •No redistribution: You may not redistribute, resell, or make the Relay available to third parties without prior written consent from Pensorix.
• •Responsibility for connected data: You are solely responsible for the data you expose through the Relay, including ensuring that any personal data processed through the Service has a lawful basis under applicable data protection law.
• •Pensorix's liability: Pensorix is not responsible for any data loss, unauthorized access, or damage arising from your deployment, misconfiguration, or misuse of the Relay on your infrastructure.