Terms and Conditions

​Last updated March 21, 2024

​

Acknowledgement

These Terms and Conditions of Use apply to your use of NetPoint.AI services, an affiliated product of FocusKPI Inc., along with any associated software applications and websites (all together, “Services”). These Terms form an agreement between you (“Customer”) and FocusKPI Inc. (“Company”, “We”, “Us”, “Our”), and they include our service terms and important provisions for resolving disputes through arbitration. By using our Services, you agree to such terms and conditions, as well as our Privacy Policy (collectively, the “Agreement”). 

Who We Are

NetPoint.AI is an easy to use, custom model platform that provides and integrates AI agents into your current workflow. NetPoint.AI allows for direct imports of your data, gaining insights from a broad array of data sets quickly and easily. For more information, please visit https://netpoint.ai/.  

Links to Other Websites

Our service may contain links to other third-party web sites or services that are not owned or controlled by the Company. 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. 

Our IP Rights

We and our affiliates own all rights, title, and interest in and to the Services

Registration and Access

You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

Using Our Services

You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

• Use our Services in a way that infringes, misappropriates or violates anyone’s rights.

• Modify, copy, lease, sell or distribute any of our Services.

• Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).

• Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.

• Use Output to develop models that compete with Netpoint.AI.

Third Party Services

Our services may include third party software, products, or services, (“Third Party Services”) and may include output from those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. 

Content

You may provide input to the Services (“Input”), and receive output from the Services based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

We may use Content to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. 

Artificial intelligence and machine learning are constantly evolving fields of study. We aim to make our Services accurate, reliable, safe, and beneficial. However, due to the nature of machine learning, Output does not always accurately reflect real people and facts. When you use our Services, you understand and agree that the Output may not always be accurate, and that you must evaluate Output for accuracy and appropriateness per use case.

Paid Accounts

If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received. 

Cancelation 

You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. 

Charges

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

Discontinuation of Services

We may decide to discontinue our Services, but if we do, we will give you advance notice.

Termination and Suspension

You are free to terminate your use of our Services at any time. We reserve the right to suspend or terminate your access to our Services at any time if we determine that:

• You breached these Terms.

• We must do so to comply with the law.

• Your use of our Services could cause risk or harm to NetPoint.AI, FocusKPI, our users, or anyone else.

Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

NETPOINT.AI’S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

AS IS and AS AVAILABLE Disclaimer

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 

YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Indemnity

If you are a business or organization, to the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Services and Content or any violation of these Terms.

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to These Terms and Conditions

We are continuously working to develop and improve our Services. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. 

We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you. What constitutes a material change will be determined at the Company’s sole discretion. All other changes will be effective as soon as we post them to our website. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the changes, you must stop using our Services.

Delay in Enforcing These Terms 

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the dispute resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export. 

Entire Agreement

These Terms contain the entire agreement between you and FocusKPI regarding the Services and, other than any Service-specific terms, supersedes any prior or contemporaneous agreements between you and FocusKPI. 

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Service may also be subject to other local, state, federal, or international laws.

Disputes Resolution

If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

Contact Us

If you have any questions about these Terms and Conditions, you may contact us:

• By email: info@focuskpi.com

• By phone number: +1 408-889-1014

• By post: 1601 McCarthy Blvd, Suite R-5, Milpitas, CA 95035