Terms of Service - Lumetric AI

1) Agreement; Eligibility (18+)

These Terms of Service (“Terms”) are a binding agreement between Pocket AI, Inc. (“Pocket AI,” “we,” “us”) and you (“Customer,” “you”). You must be 18 or older to use the Service. By accessing or using the Service, you accept these Terms and the Privacy Policy.

2) Accounts; Access

You will provide accurate registration information, keep credentials confidential, and remain responsible for activity under your account. We may suspend or terminate access for violation, security, or legal reasons.

3) License & Ownership

License: We grant a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes.

Reservation: We and our licensors retain all rights in the Service, models, software, and documentation.

Feedback: You grant us a perpetual, royalty-free license to use feedback for any purpose.

4) Customer Content; Data Processing

Ownership: You own your inputs/outputs (“Customer Content”).

License to Operate: You grant us and our subprocessors a license to host, process, transmit, and display Customer Content to provide, secure, and support the Service.

Improvement: We may use de-identified/aggregated data derived from Customer Content for analytics, safety, and improvement of models/services.

DPA/Service Provider: Upon request, we will execute a Data Processing Addendum reflecting processor/service provider status for Customer Content.

5) Acceptable Use

You will not: (a) violate laws or third-party rights; (b) use the Service for spam, harassment, malware, high-risk or life-critical uses; (c) attempt to bypass security, reverse engineer, or interfere with the Service; (d) infringe IP or privacy/publicity rights; (e) upload unlawful, harmful, or sensitive data prohibited by policy; (f) misrepresent identity or consent in communications.

6) Communications Features (Messaging/Voice)

If you use messaging/voice:

Consent: You are responsible for adhering to and honoring valid consent, opt-in/opt-out, and required notices/recording disclosures. You will not circumvent or bypass these requirements or attempt to work around restrictions placed by the platform.

Compliance: You must comply with applicable laws (e.g., TCPA, CAN-SPAM, call recording/monitoring laws) and relevant carrier/provider policies. You will not use the Service to send or receive messages that are unlawful, harmful, or violate the rights of others.

Records: Outbound communication may be retained or recorded for compliance purposes.

Opt-Out (STOP): You can cancel SMS at any time by replying STOP to our short code or sending number. After you send STOP, we will send a confirmation SMS that you have been unsubscribed. You will no longer receive SMS messages from us. To re-join, sign up again as before.
Help (HELP): If you are experiencing issues, reply HELP for assistance, or contact us at founders@lumetric.ai.
Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.
Rates & Frequency: Message and data rates may apply. Message frequency may vary. For questions about your text or data plan, contact your wireless provider.
Privacy: For information on how we handle your data, please review our Privacy Policy.

7) Sensitive/High-Risk Uses

The Service is not designed for medical, legal, financial, or safety-critical decisions without qualified human oversight. You assume all risk for such uses and must implement appropriate review and controls.

8) Service Changes; Beta

We may modify, suspend, or discontinue the Service (or features) at any time. Beta/preview features are provided AS IS, may be unstable, and may be discontinued without notice.

9) Fees; Taxes

You will pay fees per the ordering document or pricing page. Fees are non-refundable unless required by law. We may change prices on notice. You are responsible for applicable taxes (excluding our income taxes).

10) Confidentiality

Each party will protect the other’s Confidential Information with at least reasonable care and use it only for purposes of these Terms. Exclusions apply for information that is public, independently developed, or rightfully received without duty.

11) Security; Incidents

We maintain industry-standard security safeguards. If we become aware of an incident affecting personal data within our control, we will notify you without undue delay and provide information reasonably available to meet legal obligations.

12) Warranties; Disclaimers

EXCEPT AS EXPRESSLY STATED, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OR RELIABILITY OF AI OUTPUTS.

13) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL/ DATA; (b) EACH PARTY’S AGGREGATE LIABILITY IS LIMITED TO THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICE IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR BREACH OF SECTION 5 OR 6, OR EITHER PARTY’S WILLFUL MISCONDUCT.

14) Indemnification

You will indemnify, defend, and hold harmless Pocket AI and its affiliates, officers, employees, and agents from claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Customer Content; (b) your use of the Service in violation of these Terms, law, or third-party rights; (c) your communications activities (consent, content, opt-outs).

15) Term; Suspension; Termination

These Terms continue until terminated. We may suspend or terminate for your material breach, legal/safety risk, nonpayment, or misuse. You may terminate by closing your account and ceasing use. Upon termination, your license ends; we will delete or return Customer Content per the Privacy Policy/DPA, subject to legal retention and backups. Sections that by nature survive (e.g., 3–6, 8–14, 16–18) will survive.

16) Export; Sanctions

You represent you are not barred by export controls/sanctions and will not use the Service where prohibited. You will not export or re-export the Service or outputs in violation of applicable laws.

17) Governing Law; Disputes

Governing law: Delaware, excluding conflicts rules. Disputes will be resolved by binding arbitration under AAA rules in Atlanta, Georgia, in English, before a single arbitrator. Class actions and jury trials are waived. Either party may seek injunctive relief in court for IP or confidentiality breaches.

18) Order of Precedence; Changes; Notices

We may update these Terms; material changes will be notified in-product or by email. Continued use after the effective date constitutes acceptance. Conflicts between an ordering document and these Terms are resolved in favor of the ordering document. Notices to Pocket AI: legal@pocketai.com (with a copy to the address below).

19) Miscellaneous

Neither party is liable for delays/failures due to force majeure. You may not assign without our consent (except to a successor in interest); we may assign to an affiliate or in connection with a transaction. If any term is unenforceable, the remainder remains in effect. No waiver is implied by delay or silence.

Contact

Pocket AI, Inc. · Attn: Legal
505 N Angier unit 326 · Atlanta, GA 30308
founders@lumetric.ai