Please read these terms carefully before using Prudence IQ services
Welcome to Prudence IQ. These Terms and Conditions ("Terms") govern your access to and use of Prudence IQ's websites, products, platforms, APIs, and related services (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not use the Services.
"Customer", "you" or "your" means the person, company or entity that accesses or uses the Services.
"Prudence IQ", "we", "us" or "our" means Prudence IQ, a NY/Kings company.
"Documentation" means user guides, API documentation, onboarding materials and other published materials provided by Prudence IQ describing the Services.
Prudence IQ provides access to data-driven software, analytics, intelligence outputs, and related services as described in Documentation or in a separate order or subscription agreement. Prudence IQ may offer free trials, demo access, or beta features subject to additional terms in Documentation.
Prudence IQ may modify, restrict, suspend, or discontinue any feature of the Services at any time. Reasonable notice will be provided when practicable.
To access certain features you must create an account and provide accurate information. You are responsible for maintaining the confidentiality of account credentials and for all activity under your account. Notify Prudence IQ immediately of any unauthorized use.
You will not: (a) reverse engineer, decompile, or disassemble the Services except to the limited extent permitted by law; (b) use the Services to violate laws, infringe rights, or transmit malicious code; (c) attempt to compromise the security or integrity of the Services; or (d) use the Services to create competing products.
"Customer Data" means data you submit, upload, or transmit to the Services. You retain all right, title and interest in Customer Data. You represent and warrant that you have the right to provide Customer Data and that use of Customer Data by Prudence IQ as permitted by these Terms does not violate applicable law or third-party rights.
Subject to these Terms and payment of any applicable fees, Prudence IQ grants Customer a limited, non-exclusive, non-transferable license to access and use the Services for internal business purposes in accordance with Documentation.
Prudence IQ and its licensors retain all rights not expressly granted. The Services, including all software, algorithms, models, and Documentation, are the exclusive property of Prudence IQ and its licensors and are protected by intellectual property laws.
If you provide feedback, ideas, or suggestions, you grant Prudence IQ a perpetual, worldwide, royalty-free license to use and incorporate such feedback without obligation to you.
Customer owns Customer Data. Prudence IQ owns the Services and all derivative works, improvements, and related intellectual property.
Nothing in these Terms grants you any right to use Prudence IQ's trademarks, logos, domain names, or other brand elements.
Access to certain Services may require payment. Fees, billing cycles, and payment terms are described in your order or subscription. All fees are non-refundable except as expressly provided.
Late payments may accrue interest and Prudence IQ may suspend access for overdue accounts after notice.
Customer is responsible for all taxes, duties, and other governmental charges, excluding Prudence IQ's income taxes.
Trial or demo access, if provided, is temporary and may be revoked at any time. Trial accounts may have limited functionality and are provided "as is" without warranty.
"Confidential Information" includes non-public information disclosed by one party in connection with the Services. Each party will protect the other's Confidential Information with reasonable care and use it only to perform its obligations. Certain information such as aggregated, anonymized usage metrics or information in the public domain is not Confidential Information.
Prudence IQ will process Customer Data in accordance with its privacy policy and applicable data protection laws. Prudence IQ will implement reasonable technical and organizational measures to protect Customer Data. The parties may enter a separate Data Processing Addendum where required by law or contract.
Prudence IQ warrants that it will provide the Services in a professional manner consistent with general industry standards.
EXCEPT FOR THE LIMITED WARRANTY IN SECTION 10.1, THE SERVICES ARE PROVIDED "AS IS" AND PRUDENCE IQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PRUDENCE IQ DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.
Prudence IQ does not guarantee specific outcomes, financial results, or decisions based on the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRUDENCE IQ BE LIABLE FOR (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (B) LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, EVEN IF PRUDENCE IQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PRUDENCE IQ'S AGGREGATE LIABILITY RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO PRUDENCE IQ IN THE 12 MONTHS PRECEDING THE CLAIM, OR $10,000 IF NO FEES HAVE BEEN PAID, WHICHEVER IS GREATER.
Some jurisdictions do not allow limitation of liability; where prohibited, liability will be limited to the maximum extent permitted.
You will indemnify, defend and hold Prudence IQ harmless from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of these Terms; (b) your violation of applicable law; or (c) Customer Data or use of the Services in violation of these Terms.
These Terms commence on the Effective Date and continue until terminated.
Either party may terminate these Terms for material breach by the other party if breach is not cured within 30 days after written notice.
On termination, Customer's access to the Services will end. Customer will pay all outstanding fees. Prudence IQ may delete or destroy Customer Data after a commercially reasonable retention period; Customer may request export of Customer Data prior to deletion. Sections that by their nature survive termination (e.g., Intellectual Property, Confidentiality, Warranty Disclaimers, Limitation of Liability, Indemnification) will survive.
The Services may incorporate third-party software or open source components governed by separate license terms. Use of third-party services may be subject to additional terms. Prudence IQ is not responsible for third-party services or content.
You represent that you will not use, export, or re-export the Services in violation of applicable export laws. You will comply with all applicable laws, regulations, and sanctions.
Prudence IQ may modify these Terms from time to time. Material changes will be posted with notice, and continued use after notice constitutes acceptance. For material changes that adversely affect paid customers, Prudence IQ will provide advance notice.
These Terms are governed by the laws of the State of New York, without regard to conflict of law rules. Any dispute arising from or related to these Terms will be resolved in the state or federal courts located in New York County, New York, and the parties consent to exclusive jurisdiction and venue there.
You may not assign these Terms without Prudence IQ's prior written consent. Prudence IQ may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices must be in writing. Prudence IQ may provide notices by posting on the site or emailing the account contact.
If any provision is held invalid, the remaining provisions remain in full force.
These Terms, together with any order forms, Documentation, and any separately executed agreement between the parties, constitute the entire agreement.
If you have questions about these Terms or the Services, please contact:
Prudence IQ
Email: info@prudenceiq.com