Last updated: June 29, 2023
These Terms of Service ("Terms") govern your relationship and use of the app.pcs.ai website, application, and/or software services (the "Service") operated and provided by PCS (Team PCS North America LLC and its affiliates, "us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Notwithstanding anything to the contrary, PCS shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems and technologies (including, without limitation, information concerning Content and data derived therefrom), and PCS will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Service and for other development, diagnostic and corrective purposes in connection with the Service and other PCS offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password / access key that you use to access the Service and for any activities or actions under your password / access key, whether your password / access key is with our Service or a third-party service.
You agree not to disclose your password / access key to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You are solely responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You are also responsible for maintaining the security of the Equipment, your account, passwords, and files, and for all uses of your account or the Equipment with or without Customer’s knowledge or consent.
Our Service may store user data including audio and video files of past sessions for archival purposes. All data is encrypted at rest and while in transit. Only authorized PCS employees have access to user data on an as needed basis. Your data is never shared with any third parties unless you explicitly grant us permission to do so either in the Service or in writing.
PCS routinely scans for security breaches of The Service. In the event that a security breach is detected and has affected user data, we will inform all affected users within 72 hours.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by Company or authorized within the Service); use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third; or remove any proprietary notices or labels.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of PCS and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PCS.
Our Service may contain links to third-party web sites or services that are not owned or controlled by PCS. PCS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PCS 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 use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
These Terms shall remain in effect as long as you use or access the Service or until earlier terminated as set forth herein. We may terminate these Terms, effective upon written notice to you, if you materially breach these Terms and such breach (i) is incapable of cure; or (ii) being capable of cure, remains uncured 30 days after we provide you a written notice thereof. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall PCS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
PCS shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by PCS or by third-party providers, or because of other causes beyond PCS’s reasonable control, but PCS shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, PCS does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND PCS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Your use of the Service is at your sole risk. PCS, its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we agree to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. 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 new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at email@example.com.
Some of the software used in the Service is available under one of a variety of other free and open source licenses. Those that require reproduction of the license in the distribution are listed below. (Note: your Service may not contain code covered by one or more of the licenses listed here, depending on the exact product and service level you choose.)
Contact us for more licensing information. Thank you.
Sounds from the Thinklabs Sound Library are incorporated with permission of Thinklabs ® Medical LLC.
Includes sound effects from Download FREE Sound Effects.
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