- 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.
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.
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.
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.
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.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.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.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.8. Refunds
Unless required by law, paid Subscription fees cannot be refunded.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.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.
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.12. Copyright policy
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.13. DMCA notice and procedure for copyright infringement claims
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.
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.
15. Links to Other Websites
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.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.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.