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Website Terms of Use Privacy Policy Product Acceptable Use Policy Product Terms of Service

Website Terms of Use

Last Updated Feb 2025

Acceptance of Terms of Use
1. This website, app, and/or any platform offered under the name “Pinkfish” (“Platform”) is operated and owned by Pinkfish AI, Corp., a Delaware corporation with its principal place of business at 44 Tehama st San Francisco CA 94105 and its related entities or body corporates (“us”, “we” and “our”).
2. Your access and use of this Platform is subject to these terms of use (“Terms of Use”). Any products or services subscribed by you on our Platform will be governed by the Terms of Service and/or the Services Agreement relating to the subscription. The Terms of Use constitute a binding legal agreement between you and us, and your continued use of the Platform constitutes your acceptance and acknowledgement of these Terms of Use, our Privacy Policy, our Data Protection Agreement, our Acceptable Use Policy and any other policy displayed on the Platform, all of which constitute a part of the Terms of Use and be deemed to have been incorporated herein by reference. If you do not agree to the Terms of Use or the aforesaid policies, you must not use the Platform.
3. Any time you visit the Platform, you are taken to accept these Terms of Use.
4. We may amend or modify the Platform, the Terms of Use, the Privacy Policy, the Acceptable Use Policy and/or the Data Processing Agreement at our sole discretion and at any time. Any amendments are effective immediately after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as modified.
Access
1. Access to and use of this Platform, and the availability of any Products, is subject to you being (i) at least 18 years old and having the legal capacity to entering into binding contracts; and (ii) not on the list of persons barred from receiving services under the US laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction. If these conditions are not satisfied, please cease using the Platform immediately.
2. You may access and use the Platform and all its content only for lawful purposes and only in accordance with these Terms of Use and the Acceptable Use Policy. You acknowledge that you have read, understood and agree to our Acceptable Use Policy and agree to comply with its terms.
Registration
1. You may be required to be a registered member to access certain features of our website.
2. When you register and activate your account, you will provide us with personal information such as your name and email address and other details. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy.
3. You will create a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share your account credentials with any third party. We do not authorize anyone to use the service on your behalf, and we will not be liable for any loss or damage arising from any kind of unauthorized activity that takes place under your account.
4. You must not impersonate some other individual, business or company. In case you try to present yourself as another individual or company, your account may be suspended and a legal action may be taken against you.
5. When you register to subscribe to any product or service on our Platform, the Terms of Service and/or the Services Agreement relating to the subscription will also apply.
Your Content
1. Where the Platform allows you to upload any content whatsoever to the Platform, including any reviews, usage data, feedback, comments, chats, media, and so on (“Your Content”), you:
  1. represent and warrant to us that you have all right, title, interest and authority in the Your Content;
  2. represent and warrant to us that you have the permission to use the name and likeness of each person whose details appear in any Your Content in the manner contemplated by these Terms;
  3. represent and warrant to us that the use or exploitation of Your Content will not infringe the rights of any third party (including, but are not limited to, intellectual property rights and privacy rights);
  4. represent and warrant to us that the posting, submission and display by you of Your Content on the Platform, and our exercise of the licenses contained hereinbelow does not and will not violate the Acceptable Use Policy; and
  5. agree and undertake to us to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the Your Content to or via the Platform.
2. By submitting Your Content to the Platform, you hereby grant us a perpetual, irrevocable, royalty-free, worldwide, non-exclusive right and license, including the right to grant sublicenses to third parties, to use, reproduce, publicly display, publicly perform, prepare derivative works from and distribute Your Content for any purpose whatsoever including using or incorporating any feedback/suggestions provided into the Platform and/or our other products, services or offerings. We may exercise all rights in relation to Your Content including copyright, publicity and moral rights, in any mode of media.
3. It is your responsibility to back up any of Your Content to your own systems. We do not guarantee that the Platform will always be available at all times.
4. Unless specifically requested by us, you may not access or use the Platform to post, upload or transmit, or incorporate any sensitive personal information or any other financial or medical information of any nature including government issued ID numbers, personal bank account numbers, passport or visa numbers, credit card numbers, personal health information, or any special categories of personal data that are regulated under the European Union General Data Protection Regulation.
5. You agree that we can store Your Content on our servers, in compliance with the applicable laws.
6. Notwithstanding anything to the contrary contained herein or otherwise, we shall have the right to collect and analyze Your Content, any data and other information relating to the provision and use of the Platform and related systems and technologies, and to aggregate and anonymize all such data and information. We shall have the right at any time to disclose such data in aggregate or de-identified form in connection with our business.
7. To the maximum extent permitted by law, you release us and indemnify us from any claim or loss in relation to Your Content being stored on our servers.
8. This Section 4 will survive termination of these Terms.
Intellectual Property Rights
1. Except where otherwise indicated or implied by context, we are the sole owners or licensees of all intellectual property comprised in the Platform (including all intellectual property comprised in the Platform content), and nothing in these Terms of Use constitutes a transfer of any intellectual property rights in or related to the Platform or Platform content.
2. You acknowledge and agree that the Platform and the content contained therein are protected by copyright, trademarks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Platform.
3. You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any of its third-party licensors. You may not distribute, reproduce, publish, alter, modify or create derivative works from the Platform content without our prior written permission or the relevant third-party licensor or exploit such contents for commercial benefit.
4. We grant you the limited, revocable, non-transferable, non-exclusive right to use the Platform content by displaying such content on your device, and downloading and printing pages from the Platform, in accordance with our Acceptable Use Policy.
5. You acknowledge and agree that damages may not be an adequate remedy for a breach of this Section 5 and that equitable or injunctive relief may be necessary.
Third party sites
1. The Platform may contain links to websites that are owned and operated by third parties. We provide links to and integrations with such websites solely as a convenience and have no control over these external websites, which are governed by terms and conditions and privacy policies independent of us.
2. You acknowledge and agree that when you access a third-party website available via a link contained on the Platform:
  1. you do so at your own risk and understand that you should review the privacy policy and terms and conditions of that website;
  2. we are not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third-party website; and
  3. you acknowledge and agree that to the full extent permitted by applicable law, we will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access or use of any third-party website available via a link on the Platform.
Disclaimer and limitation of liability
1. WARRANTY DISCLAIMER. THE PLATFORM AND PLATFORM CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE MAKE NO WARRANTY THAT THE PLATFORM OR THE PLATFORM CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, RELIABLE, USEFUL OR ACCURATE, AND ON OUR AND OUR LICENSORS’ BEHALF, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE PLATFORM, PLATFORM CONTENT AND SERVICE, OR AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND INFRINGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE PLATFORM AND/OR PLATFORM CONTENT RESTS WITH YOU. WE SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT CONTAINED ON THE PLATFORM. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, OR THAT THE PLATFORM AND/OR THE PLATFORM CONTENT SHALL BE ERROR FREE OR THAT ALL ERRORS SHALL BE CORRECTED.
2. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
3. This Platform is controlled and operated by us from our offices/a cloud service in United States of America. We make no representation that material contained on this Platform is appropriate or available for use in other locations. Those who choose to access this Platform or any related site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this Section 7 may not apply to you in whole or part.
Release and Indemnity
1. To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
2. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
3. In this Section:
  1. Claim means a claim, action, proceeding or demand made against a person concerned, however it arises and whether it is present or future, fixed or unascertained, actual or contingent.
  2. Loss means a damage, loss, cost, expense or liability incurred by the person concerned however arising, including without limitation penalties, fines, and interest and including those which are prospective or contingent and those the amount of which for the time being is not ascertained or ascertainable.
  3. Released Parties means us and our officers, directors, shareholders, agents, employees, consultants, associates affiliates, subsidiaries, sponsors, and other third-party partners.
  4. Relevant Matter means anything in connection with:
    1. your breach of these Terms of Use;
    2. any matter for which we have disclaimed liability for under these Terms of Use;
    3. your use, misuse, or abuse of the Platform; and
    4. your breach or failure to observe any applicable law.
Data Privacy
1. You acknowledge and agree that you have read and understood the Pinkfish Privacy Policy and Pinkfish Data Protection Agreement, which is hereby incorporated into and made a part of these Terms of Use by this reference.
Termination
1. You acknowledge and agree that:
  1. we may terminate your access to the Platform at any time without giving any explanation.
  2. we may terminate these Terms of Use immediately by notifying you in writing if you are deemed to breach these Terms of Use or associated policies in any way, at our sole discretion.
  3. Termination of these Terms of Use or your access to the Platform does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination.
General
1. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use.
2. If a provision of these Terms of Use is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
3. These Terms of Use are governed by the laws of Delaware and each party submits to the exclusive jurisdiction of the courts of Delaware and all courts of appeal therefrom.
4. Any waiver of any term on these Terms of Use by us can only be done in express writing. Any failure on our part to enforce a term does not constitute a waiver and we reserve the right in relation to all breaches unless expressly stated otherwise.
5. The Platform and services therein may be subject to United States export control and economic sanctions laws and other foreign trade controls. You agree to comply with applicable laws in connection with its performance hereunder, including without limitation, applicable U.S. and foreign export controls, economic sanctions, and other trade controls.
6. The contents of these Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, or arrangements made between the parties regarding the subject matter of this agreement, whether orally or in writing.
7. A provision of this agreement which can and is intended to operate after its conclusion will remain in full force and effect – including all provisions related to intellectual property rights, disclaimers, warranties, limitation of liability, confidentiality, data privacy, indemnities and releases.
8. If you wish to raise any dispute or provide a notice under these Terms of Use, the Acceptable Use policy, you must promptly send written notice to Pinkfish at at 44 Tehama St San Francisco, CA 94105 and email support@pinkfish.ai

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