The Terms of Service (“Terms” or “Terms of Service”) determine the rules of the Service (as defined in the following section) and explain the legal relationship between you and DATACLOUD (“DATACLOUD”, “POWERDRILL”, “Company”, “we”, “our”, or “us”). The Company operates web pages that are located at powerdrill.ai (“Website”) and provides the Service. We offer the Service to help professional entities with their business. To use the Service or register an account, you must declare that:

  • You have read, understood, and accepted our Terms and Privacy Notice.
  • You are old enough and legally able to make agreements with us.
  • You can legally represent the entity you are acting on behalf of and that your actions are legitimate.

If you do not agree to our Terms, you should not use our Service. You can email us at service@powerdrill.ai to see if we can find a solution.

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1. Definitions

Unless otherwise specified, the key terms (with the first character capitalized) used in the Terms are defined as follows:

  • Account: indicates an individualized panel that allows the User to exploit the Service or the Website.
  • Agreement: indicates a subscription agreement that may be concluded between the User and the Company, that states the scope and the price for using the Service.
  • API: indicates the POWERDRILL application programming interface that can be integrated with the User’s software.
  • Company: indicates DATACLOUD.
  • Content: indicates the data such as files and pictures that the Guest or the User publishes, presents, or sends on the Website or with the use of Service.
  • Device: indicates an electronic device such as a computer, telephone, smartphone, or tablet which allows the Guest or the User to browse web pages.
  • Guest: indicates an entity that browses the Website.
  • Intellectual Property: indicates a set of designations, inventions, utility models, industrial designs, works, and other externalized expressions of creative activity that are the subject of exclusive rights of the Company.
  • Licence: indicates a non-exclusive right to personal use of the API or the Widget.
  • Link: indicates a hyperlink that directs the User to the Other Websites.
  • Mobile Device: indicates a portable device such as a telephone, smartphone, or tablet which operates the Website or the Service.
  • Notification: indicates a message that is sent to the User as part of our Service.
  • Other Websites: indicates websites other than the Website.
  • Privacy Notice: indicates the Privacy Notice, which defines the rules of personal data processing by the Company.
  • Service: encompasses the Website, Widget, and API (depending on the scope dedicated to a given User).
  • Terms: indicates the Terms of Service.
  • User: indicates an entity that owns the Account.
  • Website: indicates the web pages that are located at powerdrill.ai.
  • Widget: indicates a POWERDRILL widget that can be implemented on the User’s website.

These definitions keep their meaning no matter whether they are in singular or plural form.

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2. General rules

Using the Service indicates your full acceptance of the Terms. The Terms applies only to relations between the Company and the Guest or the User. If other entities provide services on the Website or through the Service, these entities are solely responsible for executing the services in accordance with their own shared regulations, unless the Terms indicates otherwise. Any entity that uses the Service or the Website must use it according to their intended purpose, as specified in the Terms. To use the Website, your Device must meet the following minimum technical requirements:

  • Is connected to the Internet.
  • Supports at least one of the following internet browsers: Google Chrome, Opera, Firefox, Safari, and Microsoft Edge.
  • Uses the internet browser version that is released within one year.
  • Has JavaScript enabled. To use the API, your Device must meet the following minimum requirements:
  • Is connected to the Internet.
  • Has software that enables sending HTTP requests. To use the Widget, your Device must meet the following minimum requirements:
  • Is connected to the Internet.
  • Supports at least one of the following internet browsers: Google Chrome, Opera, Firefox, Safari, and Microsoft Edge.
  • Uses the internet browser version that is released within one year.
  • Has JavaScript enabled.

We strongly recommend that you install anti-virus software on both the Device and Mobile Device.

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3. Accounts

You can create an Account on the Website by logging in with your Google or GitHub account, or using your personal email. You agree to take responsibility for all activities and actions taking place under your Account, whether with our Website and Service or through other third-party services. You must inform us immediately if you detect any security breach or unauthorized use of your Account.

  • When you log in with you create an Account, make sure that your username does not contain offensive words, vulgar or obscene terms, names of persons or entities that are legally unavailable to you without appropriate authorization.
  • When you log in using your personal email, make sure you enter the correct email address. You will receive a confirmation link each time you use your personal email for login. Your username will be your email address after you log in.

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4. Communications

When you create an Account, you can choose to subscribe to our newsletters, marketing or promotional materials, and other valuable information we provide.

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5. Contests, sweepstakes, and promotions

Any contests, sweepstakes, and other promotions (collectively “Promotions”) that are offered through the Service or Website may be subject to separate rules from the Terms. If you take part in any Promotions, you should review the corresponding rules and our Privacy Notice. The Agreement, if concluded, may outline precise rules for Promotions. If the rules of a Promotion contradict the Terms, the rules of the Promotion will take precedence.

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6. Subscriptions

Some parts of our Service are offered on a subscription basis (“Subscriptions”). To use these parts, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”) and your Subscription will automatically renew at the end of each Billing Cycle, provided that you have not canceled it or the Company has not canceled it. Billing Cycles are scheduled on either a monthly or annual basis, depending on the subscription plan you select. Prior to any renewal, the Company will charge you for the upcoming Billing Cycle. To cancel automated subscription renewals, you can use your Account to contact us at service@powerdrill.ai. To purchase a Subscription, you must provide complete and accurate billing information, including your (a) full name, (b) email address, (c) country, (d) business’s legal entity name, (e) VAT tax number and (f) valid payment method information. By providing your payment information, you authorize the Company to charge your account for all Subscription-related fees. If automatic billing fails, the Company will notify you through an electronic invoice that requires manual payment by a specific date. The Company reserves the right to cancel your order for reasons such as incorrect service information or pricing errors or if fraud is suspected in an order. The Company is not liable for additional fees and taxes imposed by the relevant country’s authorities. Any extra expenses resulting from your order are your sole responsibility.

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7. Fee changes

The Company reserves the right to change Subscription fees for the Subscriptions at any time in its sole discretion. If there is a modification in Subscription fees, it will become effective at the end of the current Billing Cycle. In the event of a Subscription fee change, the Company will give you a reasonable notice prior to the change, thus providing you with an opportunity to terminate your Subscription before the price increase goes into effect. Your use of Service after the Subscription fee change constitutes an agreement to pay the revised Subscription fee.

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8. Refunds

Unless required by law, paid Subscription fees cannot be refunded.

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9. Content

Our Service or Website allows you to post, link, store, and share various forms of content such as information, text, graphics, and videos (collectively “Content”). You are responsible for ensuring the legality, reliability, and appropriateness of any Content you post through our Service, particularly to your clients or customers. By posting the Content, you represent and warrant that the Content is either yours, that you own the rights to use the Content, or you have the authority to grant us the rights and license as described in the Terms. Additionally, you represent and warrant that posting the Content on our Service does not infringe on any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain all rights to any Content you submit, post, or display on our Service, and you are responsible for protecting those rights. We assume no liability and take no responsibility for any Content that you or any third party posts through our Service.

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10. Prohibited uses

To ensure that everyone has a positive experience on our Service and Website, we require you to use them lawfully and in accordance with the Terms. You agree not to use our Service or Website:

  • In violation of any national or international laws or regulations.
  • To exploit, harm, or expose minors to inappropriate content or by any other means.
  • To transmit, solicit, or procure advertising or promotional material, such as spams, junk mail, or chain letters.
  • To impersonate or attempt to impersonate the Company, employees of the Company, other Users, or any persons or entities.
  • In any way that infringes on the rights of others, is illegal, fraudulent, threatening, or harmful, or for any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • To engage in any activity that restricts or inhibits anyone from using our Service or Website or that may harm or offend the Company or Users of our Service or Website or expose them to liability. You also agree not to:
  • Use our Service or Website in a manner that may disable, overburden, damage, or impair the Service or Website, or adversely affect anyone else’s ability to use our Service or Website.
  • Use any automated process, such as a robot or spider, to obtain unauthorized access to our Service or Website or monitor and copy material from our Service or Website.
  • Use any manual process to monitor or copy material from our Service or Website or for any other unauthorized purpose without our prior written consent.
  • Use any device or software that interferes with the proper working of our Service or Website or attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service or Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attack our Service or Website through a denial-of-service attack or a distributed denial-of-service attack.
  • Take any action that may damage or falsify the Company’s rating.
  • Attempt to interfere with the proper working of our Service or Website.

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11. Intellectual Property

The Intellectual Property is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws, and the Company reserves and retains all rights in and to such Intellectual Property. The Company’s trademarks and trade dress may not be used without prior written consent. Users do not gain any rights to the Intellectual Property by using the Service. Unauthorized use of the Intellectual Property is prohibited. The License to use the Service is granted to Users who purchase a Subscription and is limited, non-transferable, revocable, non-exclusive, and consistent with the Subscription’s conditions. The License is granted only for authorized personal use. Users are not allowed to modify, reverse engineer, decompile, disassemble, or create APIs or proxies to access the Service or the Website. Users are also not allowed to use the Service or the Website in an automated manner. Except solely as necessary for Users to use the Service or the Website for the intended purpose pursuant to these Terms, Users may not copy, collect, modify, create derivative works or uses of, translate, distribute, transmit, publish, re-publish, perform, display, post, download, upload, sublicense, transfer, dispose of, resell or sell any part of the Services.

We respect the intellectual property rights of others and respond to any Infringement claims. If you are a copyright owner or authorized on behalf of one and believe that content posted on or through the Service or the Website Infringes on your copyright or other intellectual property rights, please email us at service@powerdrill.ai with the subject line “Copyright Infringement” and provide a detailed description of the alleged Infringement. We hold users accountable for misrepresentation or bad-faith claims on copyright infringement and may seek damages, including costs and attorneys’ fees.

To notify us of copyright infringement under the Digital Millennium Copyright Act (DMCA), you must submit a written notification to our Copyright Agent, with the following basic information provided:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A detailed description of the copyrighted work that has been infringed, including its URL of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or the specific location on our Service where the material you claim is infringing is located.
  • Your contact information, including the address, phone number, and email.
  • A statement that you make to state that you believe the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement that you make under penalty of perjury to state that the information you provided is accurate and that you are authorized to act on behalf of the copyright owner. To contact our Copyright Agent, you can send an email to service@powerdrill.ai.

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14. Error reporting and feedback

We strive to assist our Guests and Users in solving any issues they encounter with our Service, and are always working to improve the quality of our Service based on their feedback. To provide us with feedback, ideas, or report any problems concerning our Service, you can directly contact us at service@powerdrill.ai. Please note that:

  • You shall not hold any intellectual property rights or any other right, title, or interest in the feedback you provide.
  • We may have similar development ideas to the feedback you provide.
  • Your feedback is not confidential or proprietary to you or any third parties.
  • We are not bound by confidentiality regarding your feedback.

If we are unable to transfer the ownership of your feedback due to applicable laws, you grant us and our affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) your feedback in any manner and for any purpose.

Our Service or Website may contain links to Other Websites that are not owned or controlled by the Company. The Company neither not control nor be responsible for the content, privacy notices, or practices of any Other Websites. We do not warrant the offerings of any of these entities, individuals, or Other Websites. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON CONTENT, GOODS, OR SERVICES AVAILABLE ON OR THROUGH OTHER WEBSITES. WE STRONGLY RECOMMEND THAT YOU READ THE TERMS OF SERVICE AND PRIVACY NOTICES OF ANY WEBSITES YOU VISIT.

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16. Disclaimer of warranty

THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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17. Limitation of liability

The Company shall not be liable:

  • For any outcome resulting from the tips, articles, or publications provided on the Website or Service, including content produced by the AI computer. You understand that the AI computer is not an expert and may provide inaccurate information, making it unreliable for advice or recommendations.
  • To the customers of the User for the use of the Service and the Content provided by the Service to the customers.
  • For consequences of activity like installing or sending malicious software or phising practiced by other entities to the Service.
  • For any interruptions in the operation of the Service.
  • For consequences caused by force majeure, such as power outages, natural disasters, and wars.

UNLESS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES, INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTSAND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THESE TERMS AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

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18. The Guest’s or User’s liability

A Guest or a User is fully liable for any consequences that may occur from authorized or unauthorized distribution of content on the Website or the Service, particularly regarding Intellectual Property. This liability includes protecting the Company from any legal claims concerning such issues. Any content uploaded, presented, sent, or provided to customers by a User during the use of the Service is the sole responsibility of the User.

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19. Service interruptions

The Company does not guarantee permanent accessibility of the Service or the Website. The Company reserves the right to interrupt the operation of the Website or the Service, or certain functionalities as required. Whenever an interruption is necessary, the Company will notify the Users by posting relevant information or through email at least three days before the planned interruption. In case of an unexpected interruption to the Website or Service, the Company will post a note on the Website or contact the Users via email. Agreeing to these Regulations confirms that Users acknowledge that the Service may not be permanently reliable.

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20. Personal data protection and security

The Company handles personal data with due diligence by adopting suitable technical and organizational security measures. A complete description of personal data protection can be found in the Privacy Notice. The Company shall not be liable for the personal data protection of the Users’ customers who use the Service. In addition, the Company shall not be liable for the policies and regulations concerning personal data protection and privacy on the Other Websites, including those to which the Links lead. Moreover, the Company shall not be reliable for damages caused by browsing on Other Websites or posting personal data or other information on them. The Company recommends that Users read the rules of personal data protection and privacy of the Other Websites thoroughly before using Other Websites, especially before sharing personal data or important information on them.

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21. Termination

Under our sole discretion, we may immediately terminate or suspend your Account and deny access to the Service without prior notice or liability for any reason, including but not limited to, a breach of the Terms. If you want to terminate your Account, you can simply stop using the Service. All provisions considered necessary to survive termination, such as ownership provisions, warranty disclaimers, indemnity, and limitations of liability, will be retained.

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22. Governing law and dispute resolution

The Terms shall be interpreted and enforced in accordance with the laws of the State of California, without regard to any conflicting law provisions. Our failure to enforce any right or provision of the Terms does not equate to waving those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions still stand firm. The Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service. Any disputes, actions, claims or causes of action arising out of or in connection with the Terms or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and us (the “Arbitrator”). If you and we are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language.

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23. Changes to the Service

We reserve the right to withdraw, revise, or change our Service, encompassing any material or service we provide through our Service, without prior notice or liability, at our sole discretion. We shall not be held accountable if the entirety or any part of the Service is not accessible for any reason or duration. We may restrict access to some parts of the Service as required, or the whole Service, to users, including registered users.

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24. Amendments to the Terms

We reserve the right to amend the Terms at any time by posting the amended terms on this site. It is your responsibility to revisit the Terms regularly and familiarize yourself with any changes made. Your continued use of the Service after updated Terms have been posted implies your consent and agreement to the changes. Failure to check this page regularly may hold you in breach of the binding Terms. By accessing or continuing to use our Service following any amendments made effective, you agree to be bound by the revised Terms. If you do not accept the new Terms, you are prohibited from using the Service. Inconsistencies between the Terms and the Agreement (if signed) shall be resolved by following the Agreement. Similarly, changes made to the Terms are applicable to the Agreement.

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25. Waiver and severability

A waiver by the Company of any term or condition specified in the Terms cannot be selective or taken as a continuing waiver of such a provision or any other condition. Furthermore, failure by the Company to assert a right or provision under the Terms does not imply waiver of such right or provision. If a provision of the Terms is regarded as invalid, illegal, or unenforceable by a court or any tribunal of competent jurisdiction, that provision will either be reduced or removed to the minimum degree possible to enable the uninterrupted enforcement of remaining provisions.

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26. Acknowledgement

WHEN YOU USE THE SERVICE, WEBSITE, AND OTHER SERVICES PROVIDED BY COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF SERVICE AND AGREE TO ABIDE BY THEM.

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27. Contact us

If you have any questions about the Terms or want to contact us for other purposes, please send email at: service@powerdrill.ai.

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