Website Terms of Use

1. General Terms

1.1 Website and Terms. The Website is operated by Piko Labs AI, Inc. (“Piko,” “we,” “us,” or “our”). These Terms of Use (these “Terms”) govern your access to and use of the publicly available Piko Labs website located at www.pikolabs.ai (the “Website”), including any Website content, features or functions, whether as a guest or a registered user. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are hereby incorporated by reference into these Terms. These Terms commence on the Effective Date and remain in full force and effect unless terminated earlier in accordance with these Terms of Use. These Terms are entered into between Piko and the individual or entity that accepts these Terms or accesses or uses the Website (“you” or “your”).

1.2 Changes to the Website. Piko may modify, suspend, or discontinue the Website or any portion of it at any time. Piko may also update these Terms from time to time by posting an updated version on the Website. The updated Terms will become effective when posted unless otherwise stated.

1.3 Privacy Policy. By accessing or using the Website, you accept and agree (on behalf of yourself or the entity that you represent) to be bound and abide by our Privacy Policy, found at www.pikolabs.ai/privacypolicy , which is incorporated herein by reference.

1.4 Permitted Jurisdictions. The products and services described on the Website are intended only for persons in jurisdictions where such products and services may lawfully be offered. Nothing on the Website constitutes a solicitation to buy or an offer to sell any product or service to any person in a jurisdiction where such offer, solicitation, purchase, or sale would be unlawful.

2. Website Access Only

2.1 Website Access. The Website is provided for general informational purposes. These Terms govern only your access to and use of the Website and do not govern access to or use of Piko’s Services. We reserve the right to withdraw or amend this Website, and any content or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

2.2 Account Registration and Security. To access our Services, certain pages of our Website, or obtain information from us, you may be asked to provide certain registration details or other information (“Account Registration”). It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide during Account Registration, when submitting any questions, inquiries, or comments, or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, available at www.pikolabs.ai/privacypolicy, and you consent to all actions we take with respect to your information consistent with and pursuant to our Privacy Policy. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures during Account Registration, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is private to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

2.3 Other Services. After Account Registration, Piko may provide you access to Piko’s platform, including, without limitation, AI Features, Processing, software, applications, application programming interfaces (“API”), and related services that incorporate artificial intelligence, machine learning, and generative AI technology, including features that use Models to generate, summarize, classify, extract, or otherwise process content based on data supplied by or on behalf of you (collectively, the “Services,” as further described on our product page located at https://pikolabs.ai/product/, and in any other terms governing specific Services (“Service-Specific Terms”)). If you contract for or subscribe to any of our Services under a separate written agreement between you and Piko, your access to and use of such Services is expressly governed by the applicable separate agreement between you and Piko (the “Services Agreement”), and any applicable Service-Specific Terms thereunder, but not these Terms. If there is any conflict between the terms of these Terms and your Services Agreement or other Services-related agreement between you and Piko, the terms of such Services Agreement or other Service-related agreement shall govern only with respect to the Services and subject matter covered by that Service Agreement.

2.4 Third Parties. The Website may contain links to external websites, services, or resources operated by third parties. Piko does not control and is not responsible for any third-party website, service, resource, content, product, or practice. Your use of third-party websites and services is subject to the applicable third party’s terms and policies.

3. Permitted Use

3.1 You may use the Website only for lawful purposes and in accordance with these Terms.

3.2 You may not:

1. copy, modify, translate or create derivative works of the Website;
2. reverse engineer, decompile, disassemble or otherwise attempt to derive source code, model weights, architecture, training data, algorithms or other non-public components of the Website;
3. scrape, systematically query, extract, probe or otherwise use the Website;
4. use the Website to develop, train, fine-tune, distill or improve a product, service that competes with Piko;
5. circumvent usage limits, authentication requirements, rate limits, safeguards or access controls;
6. resell, sublicense, rent, or lease the Website;
7. introduce viruses, malware, or other harmful code into the Website;
8. interfere with or disrupt the integrity, availability, performance, or security of the Website;
9. impersonate or attempt to impersonate any third party or Piko, including a Piko employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
10. engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Piko or users of our Services, or expose them to liability;
11. access or use the Website in violation of Applicable Law, these Terms or third-party rights; or
12. use the Website for any purpose prohibited by the Acceptable Use Policy.

4. Intellectual Property

4.1 All Rights Reserved. The Website and its entire contents, including its functionality, design, text, graphics, logos, software, other content and materials, and all associated intellectual property rights are owned by Piko. Piko reserves all rights not expressly granted by these Terms.

4.2 License to Access or Use Website. Piko grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Website as a customer or potential customer of Piko or a person interested in learning about Piko and its solutions, provided you comply with these Terms. You may not sell the content you access on or through the Website. All rights in and to the Website not expressly granted to you hereunder are reserved by Piko. Except as expressly set forth herein, no express or implied license or right of any kind is granted to you regarding the Website or any Service. Any use of the Website not expressly permitted by these Terms is a breach of these Terms.

5. Disclaimers

1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” PIKO AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
2. PIKO DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT ANY INFORMATION WILL BE ACCURATE, COMPLETE, RELIABLE OR AVAILABLE; OR THAT THE WEBSITE WILL SATISFY YOUR PARTICULAR BUSINESS, INSURANCE, REGULATORY OR COMPLIANCE REQUIREMENTS.

6. Indemnification

6.1 Indemnification by You. You will defend, indemnify and hold harmless Piko, its Affiliates and their respective directors, officers, employees, licensors and service providers from and against any third-party or governmental claims, demands, actions, proceedings, damages, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising from or relating to:

1. your data;
2. your use of the Website;
3. your breach of these Terms;
4. your violation of Applicable Law or third-party rights;
5. any decision or action taken by you based on the Website; or
6. your products, services, insurance activities, underwriting, claims administration or other business activities.

6.2 Indemnification Procedure. Piko will:

1. provide you reasonably prompt notice of an indemnified claim;
2. permit you to control the defense and settlement; and
3. provide reasonable cooperation at your expense.

Piko may participate in the defense with counsel of its choice at its own expense. You may not settle a claim in a manner that admits fault by Piko, imposes obligations on Piko or fails to unconditionally release Piko without Piko’s prior written consent.

7. Limitation of Liability

7.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIKO AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS; LOSS, CORRUPTION OR UNAVAILABILITY OF DATA; BUSINESS INTERRUPTION; OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Arbitration; Class Action and Jury Trial Waiver

8.1 Informal Resolution. Before commencing arbitration, a party must provide written notice describing the dispute and requested relief. The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt of the notice. The parties agree to maintain the confidential nature of all disputes and disagreements between them, including, but not limited to, informal negotiations, mediation or arbitration, except as may be necessary to prepare for or conduct these dispute resolution procedures or unless otherwise required by law or judicial decision. The procedures in this Section 8.1 shall not apply to claims subject to indemnification under Section 6 (Indemnification) or prior to a party seeking a provisional remedy related to claims of misuse, misappropriation or ownership of intellectual property, trade secrets or confidential information.

8.2 Binding Arbitration. Except as provided in Section 8.6, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE TERMS, THE WEBSITE OR THE RELATIONSHIP BETWEEN YOU AND PIKO (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION AND NOT IN COURT. The arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”) under the applicable JAMS rules specified in Section 8.3.

8.3 Location and Procedure. Either party may commence an arbitration proceeding by filing a demand for arbitration with JAMS. Arbitration of Disputes for total damages: (1) of $250,000 or less will be conducted under the then-applicable JAMS “Streamlined Arbitration Rules & Procedures”; and (2) exceeding $250,000, will be conducted by the then-applicable JAMS “Comprehensive Arbitration Rules & Procedures,” located at https://www.jamsadr.com/. Arbitration hearings will be conducted in the JAMS office in San Francisco County, California, U.S.A. The arbitrator shall have the exclusive authority to decide all issues relating to the interpretation, applicability, enforceability, formation, existence, validity, and scope of the parties’ agreement to arbitrate. Payment of all arbitration filing, administrative, and arbitrator fees will be governed by applicable JAMS rules. The award rendered by the arbitrator(s) will be final and binding, and judgment may be entered upon it and enforced under Applicable Law in accordance with this Section 8.3 of these Terms.

8.4 Individual Proceedings Only. YOU AND PIKO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class, collective or representative proceeding.

8.5 Jury Trial Waiver. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND PIKO EACH KNOWINGLY AND IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.

8.6 Exceptions. Nothing in this Section 8 prevents either party from:

1. bringing an individual action in small claims court if eligible;
2. seeking injunctive or equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or unauthorized use of intellectual property, confidential information or the Website; or
3. seeking relief that Applicable Law prohibits from being subject to arbitration.

9. Definitions

1. “AI Feature” means any feature, functionality or component of the Services that incorporates, uses or depends upon AI Technology.
2. “AI Technology” means machine learning, deep learning, natural-language processing, generative artificial intelligence, large language Models, foundation Models, neural networks, statistical learning systems, computer vision, embeddings, retrieval-augmented generation, classifiers, extraction Models and other artificial intelligence technologies.
3. “Applicable Law” means any applicable statute, law, regulation, ordinance, rule, guideline, order, or other binding requirement of a Governmental Authority.
4. “Affiliate” means any other Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such Person. The term “control” (including the terms “controlled by” and “under common control with”) means the direct or indirect power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract, or otherwise.
5. “Account” means an account established for you after Account Registration through which you may access and use the Services.
6. “Governmental Authority” means any federal, state, local, or foreign government, regulatory or supervisory authority, agency, court, or tribunal of competent jurisdiction.
7. “Model” means a machine learning or generative AI model, including a large language model, foundation model, or other statistical or algorithmic model, whether developed by Piko or licensed from a Third-Party AI Provider, that underlies an AI Feature.
8. “Person” means an individual, corporation, partnership, joint venture, limited liability company, Governmental Authority, unincorporated organization, trust, association, or other entity.
9. “Process” or “Processing” means to access, collect, use, store, transmit, disclose, analyze, transform, extract, structure, classify, normalize, enrich, organize, generate, delete or otherwise process data or information.
10. “Third-Party AI Provider” means a third party that provides a Model, AI Technology or related service that is incorporated into, interoperates with or is accessed through the Services.
11. “Third-Party Service” means any third-party product, software, service, platform, data source, or integration that interoperates with the Services.

10. Miscellaneous

10.1 Governing Law. These Terms and all disputes arising from or relating to it are governed by the laws of the State of California, without regard to conflict-of-laws principles.

10.2 Courts. For any dispute not subject to arbitration, the state and federal courts located in San Francisco, California will have exclusive jurisdiction, and each party consents to personal jurisdiction and venue in those courts.

10.3 Assignment. You may not assign or transfer these Terms, in whole or in part, without Piko’s prior written consent. Piko may assign or transfer these Terms without your consent, including to an Affiliate or in connection with a merger, acquisition, reorganization, sale of assets or other corporate transaction.

10.4 Force Majeure. Piko will not be liable for any delay, failure, outage or unavailability resulting from circumstances beyond its reasonable control, including failures of cloud providers, internet or telecommunications services, utilities, third-party services or third-party AI providers; cyberattacks; labor disputes; natural disasters; governmental actions; epidemics; war; terrorism; or civil unrest.

10.5 Independent Contractors. The parties are independent contractors. These Terms do not create an agency, partnership, joint venture, fiduciary relationship or employment relationship.

10.6 No Third-Party Beneficiaries. Except as expressly stated otherwise, there are no third-party beneficiaries of these Terms.

10.7 Notices. Piko may provide notices to you by email, through your Account, or by posting to Piko’s website. Legal notices to Piko must be sent to:

10.8 Waiver. A failure or delay in exercising any right is not a waiver of that right.

10.9 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in effect.

10.10 Entire Agreement. These Terms constitute the entire agreement between you and Piko regarding their subject matter and supersede all prior or contemporaneous agreements, proposals, representations and communications regarding their subject matter.

10.11 Headings. Headings are for convenience only and do not affect interpretation.

10.12 Electronic Contracting. You agree that electronic acceptance, electronic signatures and electronic records have the same force and effect as manually signed documents.

10.13 Survival. 4 (Intellectual Property), 5 (Disclaimers), 6 (Indemnification), 7 (Limitation of Liability), 8 (Arbitration; Class Action and Jury Trial Waiver), 10 (Miscellaneous), and any other provisions that by their nature are intended to survive expiration or termination of these Terms, will survive any expiration or termination of these Terms.

10.14 Interpretation. Unless the context otherwise requires: (a) the words “include,” “includes,” and “including” are deemed to be followed by “without limitation”; (b) references to Sections are to sections of these Terms; (c) words in the singular include the plural and vice versa; and (d) the words “or” and “any” are not exclusive. These Terms will be interpreted according to its plain meaning and without any presumption or rule requiring construction against the party drafting or causing any provision to be drafted.

10.15 Cumulative Remedies. Except where these Terms expressly provide an exclusive remedy, the rights and remedies of Piko under these Terms are cumulative and are in addition to, and not in lieu of, any other rights or remedies available under Applicable Law.

10.16 Further Assurances. Each party will, upon reasonable request, execute and deliver such additional documents and take such additional actions as may be reasonably necessary to give effect to the provisions of these Terms.