Terms of Service

1. AGREEMENT TO OUR LEGAL TERMS

We are Prismflow LLC ("Company," "we," "us," "our"). We operate the Prismflow application and its related services (collectively, the "Services"). Our registered agent's office is located at 5534 Saint Joe Road, Fort Wayne, IN, 46835, USA.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Prismflow LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last Updated" date of these Legal Terms. You waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

The Services are currently intended for users residing in the United States.

2. INTELLECTUAL PROPERTY RIGHTS

• Our Intellectual Property: We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, and graphics in the Services (collectively, the "Content"), as well as the trademarks and logos contained therein (the "Marks"). The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
• Your Content: You retain full ownership of all of your data, dbt models, workflow configurations, and any other content you create or upload to the Services ("User Content").
• Our License to Your Content: You grant Prismflow LLC a worldwide, non-exclusive, royalty-free license to use, reproduce, host, modify, and display your User Content for the sole purpose of operating, providing, and improving the Services. This license ends when your User Content is deleted from our Services.

3. USER REGISTRATION AND ACCOUNT

You must register for an account to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to reclaim or change a username you select if we determine it is inappropriate.

4. SUBSCRIPTIONS, BILLING, AND PAYMENT

• Payment: We use Stripe as our third-party payment processor. We accept the following forms of payment: Visa, Mastercard, American Express, and Discover. You agree to provide current, complete, and accurate purchase and account information. All payments shall be in US dollars.
• Subscription Plans: We offer various subscription plans ("Basic," "Growth," "Pro," "Enterprise") on a monthly or annual basis. Your subscription will automatically renew at the end of each billing cycle unless you cancel it.
• Usage Fees: For annual plans, any applicable monthly usage fees will still be billed on a monthly basis, unless a different payment schedule (quarterly, annually) is explicitly negotiated.
• Upgrades and Downgrades: You may upgrade or downgrade your plan at any time. All usage will be billed at your current tier for the ongoing billing period. The new rate will apply at the start of your next billing period.
• Cancellation: You can cancel your subscription at any time through your account settings. Your cancellation will take effect at the end of the current paid term.
• Refunds: Payments are non-refundable and there are no refunds or credits for partially used periods.

5. PROHIBITED ACTIVITIES

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create a collection, compilation, database, or directory without written permission from us.
• Use the Services for any illegal or unauthorized purpose.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or servers connected to the Services, including by making excessive API calls.
• Attempt to reverse engineer, decompile, or disassemble any of the software comprising the Services.
• Use the Services to process, store, or transmit any data that is illegal, infringes on third-party rights, or violates any privacy laws.
• Engage in any automated use of the system that is not part of the intended functionality, such as using scripts for purposes other than workflow execution.

6. ACCOUNT TERMINATION

• Termination by You: You may terminate your account at any time via your account settings. Upon termination, we will initiate the process to permanently delete your account and all associated User Content from our application databases and data warehouse. We will also remove any data connections or configurations created on your behalf with our third-party subprocessors. This action is irreversible.
• Termination by Us: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services if we believe you have violated these Legal Terms, engaged in illegal activities, or used the Services in a manner that is harmful to us or others.

7. DISCLAIMER & LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR ANY BUSINESS DECISIONS, ACTIONS, OR DOWNSTREAM BEHAVIOR RESULTING FROM DATA OR INSIGHTS GENERATED ON OUR PLATFORM. YOU AGREE TO ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

8. GOVERNING LAW & DISPUTE RESOLUTION

These Legal Terms are governed by and construed in accordance with the laws of the State of Indiana, USA.

The Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days. If informal negotiations are unsuccessful, the Dispute will be finally and exclusively resolved by binding arbitration conducted by the American Arbitration Association (AAA) in Hamilton County, Indiana.