Terms of Service

Last updated: December 2024

1. Acceptance of Terms

By accessing or using PufformanceAI services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.

2. Description of Service

PufformanceAI provides cannabis dispensary technology solutions, including:

• E-commerce platforms and websites
• Mobile applications (iOS and Android)
• AI-powered personalization and marketing tools
• Integration with point-of-sale systems
• Analytics and reporting tools
• Technical support and maintenance

3. User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information
• Maintain the security of your account credentials
• Comply with all applicable laws and regulations, including cannabis-specific regulations
• Use our services only for lawful business purposes
• Not interfere with or disrupt our services
• Respect intellectual property rights

4. Cannabis Industry Compliance

You acknowledge that the cannabis industry is subject to complex and evolving regulations. You are solely responsible for ensuring your use of our services complies with all applicable federal, state, and local laws and regulations in your jurisdiction. PufformanceAI does not provide legal advice regarding cannabis compliance.

5. Subscription and Payment Terms

Our services are provided on a subscription basis. Payment terms include:

• Fees are charged in advance on a recurring basis
• All fees are non-refundable except as required by law
• We may change our fees with 30 days' notice
• Failure to pay may result in service suspension
• You are responsible for all applicable taxes

6. Intellectual Property

PufformanceAI retains all rights, title, and interest in our platform, software, and related materials. You retain ownership of your content and data, but grant us a license to use it as necessary to provide our services.

7. Data and Privacy

Your privacy is important to us. Our collection and use of your information is governed by our Privacy Policy, which is incorporated into these terms by reference. You are responsible for ensuring you have proper consent for any customer data you provide to our platform.

8. Service Availability

While we strive for 99.9% uptime, we do not guarantee that our services will be available at all times. We may perform maintenance, updates, or modifications that may temporarily affect service availability.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PUFFORMANCEAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR OUR SERVICES IN THE PRECEDING 12 MONTHS.

10. Indemnification

You agree to indemnify and hold PufformanceAI harmless from any claims, damages, or expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

11. Termination

Either party may terminate this agreement at any time with written notice. Upon termination, your access to our services will cease, and we will provide you with an export of your data for 30 days following termination.

12. Governing Law

These terms are governed by the laws of the United States and the state where PufformanceAI is incorporated, without regard to conflict of law principles.

13. Changes to Terms

We may modify these terms at any time. We will provide notice of material changes and your continued use of our services constitutes acceptance of the modified terms.

14. Contact Information

If you have questions about these terms, please contact us: