Pristine Data AI

Pristine Data AI, Inc. — Terms of Service

Last Updated: March 11, 2025

These Terms of Service (“Terms of Service” or “Agreement”), together with our Privacy Policy, govern your organization’s access to and use of our website, products and services (collectively, the “Services”). “Pristine Data,” “us”, “our”, and “we” refers to Pristine Data AI, Inc., a Delaware corporation, and “Customer,” “you,” and “your” refers to the organization governed by these terms. Your express agreement to these Terms of Service and our Privacy Policy will be evidenced by your accessing our website or using the Services.

Note: These Terms of Service apply to organizations using our Services for a business purpose. If your organization signed an offline agreement with us, then that agreement governs your organization’s use of our Services.

IMPORTANT NOTE: The section titled “Disputes Sometimes Occur Between Parties” contains an arbitration clause and a class-action waiver. Please read this section carefully as it may significantly affect your legal rights, including your right to file a lawsuit in court.

Service Development and Changes to the Terms of Service

We continually improve, develop and enhance the features of our Services. Based on our business and risk assessments, we may decide to add or remove features or services or stop offering some services entirely. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the Services, and your content may not be retrievable due to such outages or changes. We are not liable for any such outages or service changes.

We may revise and update these Terms of Service from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Service constitutes your agreement to the changes. We expect you to check this page from time to time to become aware of any changes.

1. Our Services

1.1 The Services

Pristine Data provides an AI-powered platform that assists sales and marketing-related roles in obtaining, processing, generating, and outputting data, information, and insights that facilitate sales growth. Our services use several data input sources: content and data obtained from third-party sources; customer entry and upload of their own content and data (“Customer Input”); and Pristine Data’s own proprietary content and data.

1.2 Fee-Based Subscription Services

Our Services are fee-based. You can purchase our Services on our website or on our standard order form which we furnish you (an “Order”).

If you purchase our Services, you agree to pay your invoice on-time. You will also leave a credit card on file for Pristine Data to charge. You agree to immediately notify us of any change in your billing address or the credit card. We reserve the right at any time to change our prices, charge for previously free Services and change our billing methods on a going forward basis, either immediately upon posting on our website or by e-mail delivery to you. Except as set forth in this Agreement, all fees are non-refundable.

All Pristine Data accounts are on a subscription basis; the subscription will renew unless canceled before the renewal commencement date. Subscription renewals happen with Pristine Data’s most up-to-date pricing unless otherwise stated in your contract.

1.3 Account Registration

In order to use certain portions of the Services, you must register an account by providing us with your email and other information requested in our registration form. You agree to provide us with complete and accurate registration information. If you are registering for our Services on behalf of an organization, you warrant that you are authorized to agree to this Agreement on its behalf. You agree to be responsible for the security of your account. You accept that you are solely responsible for all activities that take place through your account, and that failure to limit access to your devices or browser may permit unauthorized use by third parties. You further agree that Pristine Data may use your information (including but not limited to your email address, name and user ID) to send you communications about our products and services and your use of the Services.

1.4 No Children Permitted

Our Services are not intended for children under the age of 16. If you are a child under the age of 16, please do not register for our Services or send any personal information to us. If you have reason to believe that a child under the age of 16 is using our Services, please let us know immediately at legal@pristinedata.ai and we will seek to revoke access and delete any associated information as quickly as possible. If you are at least 16 years of age, but below the age of consent in your jurisdiction, you may only use the Services with the permission and consent of your parent or guardian.

1.5 Use of Services

Subject to the terms of this Agreement, you may access, and we grant you a non-exclusive right to, (a) use the Services and (b) install and use any software provided by us to access the Services in accordance with our printed and digital instructions, usage guides and policies, on-line help files, technical documentation and user manuals, as updated from time to time (collectively, “Documentation”).

1.6 Restrictions on the Right to Use the Services

You may only use the Services (a) for your internal business purposes and (b) in compliance with this Agreement, including the Documentation, and all applicable laws.

1.7 Electronic Communications

By using the Services, you agree that communications between you and us will take place electronically.

1.8 Access for End Users; Responsibility for End Users

You may assign permits to use the Services to individuals (“End Users”) who may be your employees or contractors and who are using the Services solely for your benefit. You are responsible for (a) use of the Services and compliance with this Agreement by your End Users, and (b) the security of the password to access your Pristine Data account. You agree to obtain and maintain from your End Users any consents necessary to allow us to deliver the Services. An End User account may only be used by a single End User and may not be shared by multiple individuals.

1.9 No Liability for Third-Party Platforms

The Services may interoperate, integrate, or be used in connection with products, add-ons or platforms not provided by us that you use together with the Services (“Third-Party Platforms”). Your use of a Third-Party Platform with the Services is governed by your agreement with the provider of that Third-Party Platform, not this Agreement, and we are not responsible for any Third-Party Platforms.

1.10 Restrictions

You may not (a) use the Services in a way that infringes, misappropriates or violates any person’s rights; (b) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services; (c) use output from the Services to develop models that compete with Pristine Data; (d) use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; (e) represent that output from the Services was human-generated when it is not; or (f) use the Services in violation of any applicable laws and regulations (including any export control laws).

1.11 User Conduct

You represent, warrant, and covenant that: (a) any Customer Input you transfer via the Services has been legally obtained and belongs to you; (b) you will not engage in any conduct that is or could be considered illegal, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive; (c) you will not provide any false, inaccurate or misleading information while using the Services; (d) you will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services and (e) you will comply with any rate limits and other requirements in our Documentation.

In addition, you agree not to:

1.12 Confidentiality

In connection with the Services, you may be given access to certain Confidential Information of Pristine Data. You may use Confidential Information only as needed to use the Services as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. “Confidential Information” means nonpublic information that Pristine Data or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under this Agreement; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Pristine Data and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.

1.13 Certain Software

We may include software for use in connection with the Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with the Services and in accordance with these Terms of Service. Any software and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Terms of Service.

1.14 Third Party Services

Any third-party software, services, or other products you use in connection with the Services are subject to their own terms, and we are not responsible for any such third-party products.

2. Fees and Payment

2.1 Fees and Payment

You agree to pay us the fees set forth in your Order. Except as otherwise specified in any applicable Order, (a) fees are quoted and payable in United States dollars and (b) payment obligations are non-cancelable and non-pro-ratable for partial periods. Fees will be invoiced in advance and otherwise in accordance with the relevant Order.

2.2 Taxes

All amounts payable hereunder are exclusive of any sales, use and other taxes or duties, however designated (collectively “Taxes”). You will be solely responsible for payment of all Taxes, except for those Taxes based on the income of Pristine Data.

3. Proprietary Rights and Use Rights

3.1 Pristine Data Proprietary Rights

As between the parties, Pristine Data owns exclusively all right, title and interest in and to the Services, Pristine Data’s own input, Output generated using the Services (“Derivative Output”), the Documentation, the Confidential Information, and all data collected by Pristine Data about the use of its Services, for instance, technical logs, metadata, user interaction with the Services and user action statistics.

3.2 Derivative Output

All Output generated using the Services (“Derivative Output”) remains the property of Pristine Data. During and after the term of this Agreement, we may use Derivative Output to (a) develop and improve our products and services (including to improve and train our AI models), (b) comply with applicable law and (c) enforce our policies.

3.3 Customer Proprietary Rights

“Customer Input” means all the content, files, data, and other information you upload to and enter into our Services. Customer owns exclusively all right, title and interest in and to your Customer Input. Pristine Data does not make data uploaded by users available to anyone other than those using the specific Customer instance and the Pristine Data team. Pristine Data does not use Customer Input for any purpose other than providing Services to its Customers. Pristine Data will use aggregated performance data, including how you use the Services, to make improvements to the Services. Customer is responsible for all Customer Input, including for ensuring that it does not violate any applicable law or this Agreement.

3.4 Licenses by Customer to Pristine Data

By submitting Customer Input, you grant Pristine Data a worldwide, non-exclusive, royalty-free transferable and perpetual license to use, such content for the purpose of providing and improving the Services. Customer further grants Pristine Data, its affiliates and applicable contractors a worldwide, limited-term license to use any machine learning model or program code created by or for Customer using the Services or for use by Customer with the Services and Customer Input, each as necessary for Pristine Data to provide and ensure proper operation of, the Services and associated systems in accordance with this Agreement.

3.5 Machine Learning

As a fundamental component of the Services is the use of machine learning for the purpose of improving and providing our products and services, you grant us the right to use (during and after the term hereof) Customer Input to train our algorithms internally through machine learning techniques for such purpose.

3.6 Performance Metrics

You agree that we may aggregate, collect and analyze data and other information relating to the performance of the Services and (during and after the term hereof) (a) use such data and other information to train and improve our products and services, and (b) disclose such data and other information solely in an aggregated and anonymized format that does not identify you or your End Users.

3.7 Feedback

You may provide Pristine Data suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the Services. However, we retain full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality. We will have the full right, without any obligation to compensate or reimburse you, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with our products and services.

4. Term and Termination

4.1 Termination; Suspension

This Agreement takes effect when you first use the Services and remains in effect until terminated. You may terminate this Agreement at any time for any reason by discontinuing the use of the Services. We may terminate this Agreement for any reason by providing you at least 30 days’ advance notice. We may terminate this Agreement immediately upon notice to you if you materially breach this Agreement, if there are changes in relationships with third party technology providers outside of our control, or to comply with law or government requests. We may suspend your access to the Services, with or without notice, if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.

4.2 Effect on Termination

Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. The sections of these Terms of Service which by their nature should survive termination or expiration shall survive.

5. Indemnity and Disclaimers

5.1 Indemnity

You agree to hold harmless, release, defend, and indemnify Pristine Data and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Services; or (b) your violation of any term or condition of these Terms of Service, the rights of any third party or any applicable law, rule, or regulation.

5.2 Disclaimers

We work hard to offer great products and services, but there are certain aspects that we can’t guarantee.

To the fullest extent permitted by law, Pristine Data, its affiliates, and their respective suppliers make no warranties, either express or implied, about the Services. The Services are provided “as is.” We also disclaim any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The laws of certain jurisdictions or states do not allow limitations on implied warranties. To the extent such warranties cannot be disclaimed under the laws of your jurisdiction, we limit the duration and remedies of such warranties to the full extent permissible under those laws.

5.3 Beta Products

From time to time, Customer may have the option to participate in a program with Pristine Data where Customer is offered the use of alpha or beta products, services, features or documentation (collectively, “Beta Products”) offered by Pristine Data. The Beta Products are not generally available and are provided “as is” and as available exclusive of any warranty whatsoever. Pristine Data does not provide any indemnities, service level commitments or warranties, express or implied, including warranties of merchantability, title, non-infringement, and fitness for a particular purpose, in relation thereto. Customer or Pristine Data may terminate Customer’s access to the Beta Products at any time.

5.4 Limitations of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so. In countries where the below types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our material breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

The information presented on or through the Services is made available solely for informational purposes. We do not confirm the accuracy, completeness, or usefulness of the information. Any reliance you place on such information is solely at your own risk.

In countries where exclusions or limitations of liability are allowed, neither Pristine Data, its affiliates, nor our suppliers involved in creating, producing, or delivering the Services will be liable, to the maximum extent permitted under applicable law, for any incidental, special, exemplary, or consequential damages, or damages for lost profits, lost revenues, lost savings, lost business opportunity, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services of any kind arising out of or in connection with these Terms of Service or from the use of or inability to use the Services, whether based on warranty, contract, statute, tort (including negligence), product liability, or any other legal theory, and whether or not Pristine Data, its affiliates or its suppliers have been informed of the possibility of such damage, even if a limited remedy provided in these Terms is found to have failed of its essential purpose.

Besides the types of liability we may not limit by law (as described in this section), Pristine Data limits our liability to you to the greater of (a) the amounts you have paid us in the three months before you first assert a claim or (b) $100 USD (or the equivalent in your local currency).

Pristine Data is not liable for the conduct or content, whether online or offline, of any user or end user of our Services.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Pristine Data and you.

6. Disputes Sometimes Occur Between Parties

6.1 Informal Resolution

Most disputes can be resolved informally, so if you have an issue with the Services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires sending us a written description of the dispute (including your name, what you’re complaining about, and how you’d like to resolve it) along with the email address or phone number associated with your Pristine Data account to legal@pristinedata.ai. If the dispute is not resolved within sixty (60) days after receipt of the written notice, you and Pristine Data agree to resolve any remaining dispute through the further dispute resolution provisions below. You must engage in this informal resolution process before starting any formal dispute resolution. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled while the parties attempt informal resolution.

6.2 Governing Law and Jurisdiction

The Federal Arbitration Act, federal arbitration law, and California law will apply to these Terms of Service and any disputes related to these Terms of Service or our Services, regardless of conflict of laws rules. Any of these disputes that are not subject to arbitration will be resolved exclusively in the state or federal courts in San Francisco, California and you and Pristine Data both consent to venue and personal jurisdiction in these courts.

6.3 Agreement to Arbitrate

You and Pristine Data agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Except for the circumstances described below, and only after the parties have engaged in a good-faith, but unsuccessful, effort to resolve the dispute in accordance with the “informal resolution” process (above), you and Pristine Data agree to resolve any dispute, disagreement, or claim relating to these Terms of Service or our Services through final and binding arbitration in the U.S. county where you reside. This includes claims that arose, were asserted, or involve facts occurring before the existence of this arbitration agreement or any prior agreement.

6.4 Arbitration rules

The arbitration will be conducted by a single arbitrator, governed by these terms and the American Arbitration Association Rules, excluding any rules or procedures governing or permitting class or representative actions (the “AAA Rules”), available at https://www.adr.org/active-rules. These terms will govern if there is a conflict between these terms and the AAA Rules. To begin the arbitration proceeding, either party must submit a written Demand for Arbitration (available at www.adr.org) with the AAA and provide a copy to the other party as specified in the AAA Rules. To provide notice to us, please send an email with the subject line “Arbitration Demand” to legal@pristinedata.ai. If the amount in controversy does not exceed $10,000, and you do not seek injunctive or declaratory relief, then the arbitration will be conducted solely on the basis of documents you and Pristine Data submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If the amount in controversy exceeds $10,000 or seeks declaratory or injunctive relief, either party may request (or the arbitrator may determine) to hold a hearing, which may be in-person, videoconference, or telephone conference.

6.5 Arbitration costs

AAA sets forth fees for its services, which are available at www.adr.org/sites/default/files/Consumer-Fee_Schedule.pdf. If Pristine Data is the party initiating an arbitration against you, we will pay all costs associated with the arbitration, including the entire filing fee. If you initiate an arbitration against Pristine Data, you will be responsible for the first $100 toward the nonrefundable initial filing fee, unless the arbitrator determines that you are unable to pay, in which case Pristine Data will pay the entire filing fee. For cases seeking less than $75,000, Pristine Data will pay the remainder of the initial filing fee and both parties’ administrative fees (unless the arbitrator finds your claims, defenses, or other fee-generating activity to be conducted for an improper purpose or to be frivolous under the standard set forth in Federal Rule of Civil Procedure 11). For cases seeking more than $75,000, fees and costs will be determined in accordance with AAA Rules.

In all arbitrations, unless otherwise required by law or the AAA Rules, you will be responsible for all other additional arbitration costs incurred, including attorney’s fees and expert witness costs. The parties agree that AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under AAA’s Rules where it deems appropriate. The parties also agree that a good-faith challenge by either party to the fees imposed by AAA does not constitute a default, waiver, or breach of this Section while such challenge remains pending before AAA, the arbitrator, and/or a court of competent jurisdiction.

6.6 Offer of Judgment

At least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by the offering party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover its post-offer costs and will pay the offering party’s costs from the time of the offer.

6.7 Arbitration Decision

The decision of the arbitrator will be in writing and binding on you and Pristine Data and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and Pristine Data agree that dispositive motions will be allowed in the arbitration. Except as explicitly set forth in this arbitration Section, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to any claim that all or any part of these Terms of Service are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of AAA or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator must follow these terms and can award the same damages and relief as a court. The arbitrator has the right to impose sanctions in accordance with the AAA Rules and procedures for any frivolous claims, improper claims, or submissions the arbitrator determines have not been filed in good faith, as well as for a party's failure to comply with this Section or claims filed on behalf of a claimant who is not party to this agreement. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

6.8 Other remedies

ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU AND PRISTINE DATA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW. You may seek in arbitration any and all remedies otherwise available to you pursuant to your state’s law.

6.9 Exceptions

You or Pristine Data may still pursue claims, if they qualify, in small claims court in San Mateo County, California, or any U.S. county where you live or work. The small claims court, and not any arbitrator or AAA, shall have the exclusive authority to resolve disputes regarding whether a dispute is properly within the jurisdiction of that small claims court. Additionally, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of our Services will not be subject to arbitration. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. Seeking such relief shall not waive a party’s right to arbitration under this Section, and any filed arbitrations related to any action filed pursuant to this Section shall automatically be stayed (and any applicable statute of limitations tolled) pending the outcome of such action.

6.10 Class Waiver

Except as provided herein, you and Pristine Data agree that claims may be brought by one against the other only in our individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding, unless Pristine Data provides its consent to consolidate in writing.

If this specific paragraph is found unenforceable, then the “Agreement to Arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This paragraph does not prevent you or us from participating in a class-wide settlement of claims.

6.11 Changes to this Dispute Section

Notwithstanding any provision in this Agreement to the contrary, Pristine Data agrees that if it makes any future change to this arbitration agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided below. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

7. Miscellaneous

7.1 Entire Agreement

These Terms of Service constitute the entire agreement between you and us with respect to the subject matter hereof and they supersede any and all prior or contemporaneous written and oral agreements, communications and other understandings (if any) relating to the subject matter of these Terms of Service.

7.2 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this Agreement without our prior written consent shall be null and void. We may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.

7.3 Equitable Remedies

You acknowledge that if you violate or breach these Terms of Service, it might cause irreparable harm to us and we will have the right to seek injunctive relief against you in addition to any other legal remedies.

7.4 Severability

If any provision of these Terms of Service shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Service shall not be affected.

7.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fires, floods, accidents, network infrastructure failures, or other force majeure events.

8. How to Contact Us

If you have any questions about these Terms of Service, please contact Pristine Data in the following ways: