Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the products, services, and website (collectively, the "Services") provided by Polabera, Inc. ("Polabera," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms.

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

2. Description of Services

Polabera provides enterprise intelligence infrastructure including process automation (Flow), analytical intelligence (Insight), and team collaboration (Collaborate) tools. The specific features, functionality, and service levels applicable to your use are defined in your applicable subscription agreement or order form.

3. Account Registration

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. 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 access to or use of your account at security@polabera.com.

4. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to any part of the Services or related systems
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the Services to transmit malicious code, viruses, or harmful content
• Resell, sublicense, or redistribute the Services without prior written consent
• Use automated systems to extract data from the Services beyond permitted API usage

5. Intellectual Property

All rights, title, and interest in the Services, including all associated intellectual property rights, are and remain the exclusive property of Polabera. These Terms do not grant you any rights to use Polabera's trademarks, logos, domain names, or other brand features.

You retain all rights to the data you submit through the Services ("Customer Data"). You grant Polabera a limited, non-exclusive license to process Customer Data solely for the purpose of providing the Services.

6. Subscription and Payment

Access to the Services requires a paid subscription unless otherwise specified. Subscription fees are outlined in your order form or subscription agreement. Unless otherwise stated:

• Fees are invoiced in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in your agreement
• We reserve the right to modify pricing with 30 days' notice prior to your next renewal period
• Late payments may incur interest at 1.5% per month or the maximum rate permitted by law

7. Service Level and Availability

We use commercially reasonable efforts to maintain the availability of the Services. Specific uptime commitments and remedies for downtime are defined in the Service Level Agreement (SLA) included with your subscription agreement. Scheduled maintenance windows will be communicated in advance.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and to use such information only as permitted under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without restriction.

9. Warranties and Disclaimers

Polabera warrants that the Services will perform materially in accordance with the applicable documentation. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POLABERA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY.

POLABERA'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO POLABERA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Polabera and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Services, violation of these Terms, or infringement of any third party's rights.

12. Term and Termination

These Terms are effective until terminated. Either party may terminate by providing written notice as specified in your subscription agreement. Upon termination:

• Your access to the Services will cease immediately
• You must pay any outstanding fees owed
• We will make your Customer Data available for export for 30 days following termination
• After the 30-day period, we will delete your Customer Data in accordance with our data retention policies

13. Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved in the state or federal courts located in San Francisco County, California.

14. Modifications

We may modify these Terms at any time by posting the revised version on our website. Material changes will be communicated with at least 30 days' notice. Your continued use of the Services after the effective date of any modifications constitutes acceptance of the updated Terms.

15. Contact

For questions regarding these Terms, contact us at: