Terms of Service

Acceptance of Terms

By accessing or using the website, products, or services provided by Point11, Inc. (“Point11,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). These Terms, together with any applicable service agreement, order form, Data Processing Addendum (“DPA”), and service level agreement (“SLA”), form the complete agreement between you and Point11. If you do not agree to these Terms, do not use our services.

Description of Services

Point11 provides AI-powered customer acquisition infrastructure for enterprise organizations, including AI discovery optimization, conversational agents, digital advertising management, and enterprise website development. The specific features and scope of services are defined in your service agreement or order form.

Account Registration

You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Acceptable Use

You agree not to:

• Use our services for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to our systems, infrastructure, or other users' accounts.
• Interfere with or disrupt the integrity or performance of our services.
• Reverse-engineer, decompile, or disassemble any part of our platform.
• Use our services to transmit malware, spam, or other harmful content.
• Resell, sublicense, or redistribute our services without prior written consent.

In addition, when using AI-powered features of our services, you agree not to:

• Use AI outputs as a substitute for professional advice in regulated fields (legal, medical, financial, tax) without appropriate licensed professional review.
• Use AI features to generate content that is intentionally misleading, deceptive, or fraudulent.
• Use AI features for fully automated decision-making that produces legal effects or similarly significant effects on individuals without meaningful human oversight.
• Use AI features to generate content that infringes the intellectual property rights of third parties.
• Attempt to extract, reconstruct, or reverse-engineer the underlying models, weights, or training data of our AI systems.
• Use AI features for surveillance, biometric profiling, or inferring sensitive personal characteristics (such as race, religion, or political affiliation) without explicit consent.

Intellectual Property and Output Ownership

All content, trademarks, software, and materials provided through our services are owned by Point11 or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our materials without our express written permission.

You retain ownership of any content or data you provide to us through our services (“Customer Content”). By providing Customer Content, you grant us a limited, non-exclusive license to use it solely as necessary to provide the services described in your service agreement. We do not use your Customer Content to train or improve AI models, and this license terminates upon expiration or termination of your service agreement.

AI output ownership — to the extent permitted by applicable law, Point11 assigns to you all right, title, and interest in and to outputs generated by our AI-powered services using your Customer Content (“Outputs”). You acknowledge that AI-generated Outputs may not be unique and that other customers using similar inputs may receive similar or identical Outputs. Point11 makes no representations regarding the patentability, copyrightability, or other intellectual property protection of Outputs.

AI-Powered Services

Certain Point11 services use artificial intelligence and machine learning technologies. By using these services, you acknowledge and agree that:

• Output accuracy — AI-generated content, including recommendations, search results, and conversational responses, is produced algorithmically and may contain errors, inaccuracies, or fabricated information (“hallucinations”). AI outputs are provided “as is” and should not be relied upon as professional, legal, financial, or medical advice.
• Human oversight — you are responsible for reviewing and validating AI-generated outputs before relying on them for business decisions. For use in regulated industries (healthcare, legal, financial services, government), you must ensure that qualified professionals review AI-generated outputs before they are acted upon, and you must disclose the involvement of AI where required by applicable law or regulation.
• No model training — we do not use your data, Customer Content, or end-user interactions to train or fine-tune our AI models. Your data is used solely to deliver the services you have contracted for. Third-party AI model providers that we use to deliver our services are contractually prohibited from using your data for training and do not retain your data beyond the duration of the inference request.
• Data isolation — your Customer Content processed by our AI systems is logically isolated from other customers' data and is not shared across accounts.
• Continuous improvement — AI models and their outputs may change over time as underlying models are updated. We will use commercially reasonable efforts to maintain or improve service quality, but outputs may vary between versions. We will notify enterprise customers of material changes to underlying AI models that may affect service behavior.
• Sub-processor transparency — a current list of AI infrastructure sub-processors used to deliver our AI-powered services is available upon request. We will notify enterprise customers at least thirty (30) days before adding a new AI sub-processor.

Data Processing and Privacy

We process personal data in accordance with our Privacy Policy. Where we process personal data on your behalf as a data processor (as defined under GDPR or equivalent applicable law), the terms of our Data Processing Addendum (DPA) apply. Enterprise customers may request a copy of our DPA by contacting legal@point11.ai.

Our DPA addresses: the scope and purpose of data processing, sub-processor obligations, international data transfer mechanisms (including Standard Contractual Clauses), data breach notification procedures, data subject rights assistance, audit rights, and data deletion and return obligations.

Security Practices

We implement industry-standard technical and organizational security measures to protect Customer Content and personal data, including:

• Encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256).
• Role-based access controls and the principle of least privilege for systems access.
• Regular security assessments and penetration testing by qualified third parties.
• Incident response procedures with defined escalation and notification protocols.
• Employee security awareness training and background checks for personnel with access to customer data.

Information about our security practices and compliance certifications is available upon request. Enterprise customers may contact security@point11.ai for our current SOC 2 report, security questionnaire responses, or to discuss specific compliance requirements.

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Neither party shall use the other party's Confidential Information for any purpose outside the scope of these Terms or the applicable service agreement.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction.

Payment and Billing

Fees for our services are outlined in your service agreement or order form. All fees are due in accordance with the payment terms specified therein. Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

Service Level and Availability

We target 99.9% uptime for our production services, measured on a monthly basis, excluding scheduled maintenance windows. Scheduled maintenance will be communicated at least 48 hours in advance when possible. Specific service level commitments, including uptime guarantees, support response times, and service credit remedies for downtime, are defined in your service agreement or SLA.

Limitation of Liability

To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to these Terms or the use of the services, regardless of the theory of liability.

Except for the obligations described below, each party's total aggregate liability for any claims arising under or in connection with these Terms shall not exceed the total amount paid or payable by you to Point11 in the twelve (12) months preceding the event giving rise to the claim.

The following obligations are not subject to the limitation of liability above: (a) each party's indemnification obligations under these Terms; (b) either party's breach of confidentiality obligations; (c) your payment obligations; and (d) either party's liability for gross negligence, willful misconduct, or fraud.

Disclaimer of Warranties

Our services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the foregoing, we do not warrant that AI-generated outputs will be accurate, complete, error-free, or suitable for any particular purpose.

Indemnification

By Point11 — Point11 will defend you against any third-party claim alleging that your authorized use of our services infringes a third party's patent, copyright, trademark, or trade secret rights, and will indemnify you against any damages finally awarded or amounts agreed in settlement. This obligation does not apply to claims arising from: (a) your Customer Content; (b) modification of our services by anyone other than Point11; (c) combination of our services with non-Point11 products or services not contemplated by these Terms; or (d) use of our services in violation of these Terms.

By you — you agree to defend, indemnify, and hold harmless Point11 and its officers, directors, employees, and agents from any third-party claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from: (a) your use of our services in violation of these Terms; (b) your Customer Content; or (c) your violation of applicable law.

Indemnification procedures — the indemnified party must: (a) promptly notify the indemnifying party in writing of the claim (provided that failure to provide prompt notice will not relieve the indemnifying party's obligations except to the extent materially prejudiced); (b) grant the indemnifying party sole control over the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle any claim in a manner that imposes obligations on, or admits fault by, the indemnified party without the indemnified party's prior written consent.

Termination

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure the breach within thirty (30) days of receiving notice. We may also suspend or terminate your access to our services immediately if we reasonably believe you have violated our acceptable use policies.

Upon termination or expiration of these Terms: (a) your right to access and use our services will cease immediately; (b) we will make your data available for export in a standard, machine-readable format (such as CSV or JSON) for a period of thirty (30) days following termination; (c) after the export period, we will delete your Customer Content from our active systems within thirty (30) days and from backup systems within ninety (90) days, and will provide written certification of deletion upon request; and (d) each party will return or destroy the other party's Confidential Information upon request.

The following sections survive termination: Intellectual Property and Output Ownership, Confidentiality, Limitation of Liability, Disclaimer of Warranties, Indemnification, and Governing Law.

Breach Notification

In the event of a confirmed security breach affecting your Customer Content or personal data, we will notify you without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach. The notification will include, to the extent available: (a) the nature of the breach; (b) the categories and approximate number of records affected; (c) the likely consequences; and (d) the measures taken or proposed to mitigate the breach. We will cooperate with you and provide reasonable assistance in fulfilling your own breach notification obligations to supervisory authorities and affected individuals.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days. If the dispute is not resolved through negotiation, either party may submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in New York, New York. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Notwithstanding the above, either party may seek injunctive or other equitable relief in the state or federal courts located in New York County, New York, to protect its intellectual property rights or Confidential Information.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet or telecommunications failures, cyberattacks, or third-party service outages. The affected party will use commercially reasonable efforts to mitigate the impact and resume performance as soon as practicable.

Changes to These Terms

We may modify these Terms at any time by posting the revised version on our website. Material changes will be communicated to you via email or through our platform at least thirty (30) days before they take effect. Your continued use of our services after changes take effect constitutes acceptance of the updated Terms. Enterprise customers under an active service agreement may reject material changes by providing written notice within the thirty-day notice period, in which case the prior Terms will continue to apply for the remainder of the then-current service term.

Notices

All formal notices under these Terms must be in writing and delivered by email to the address associated with your account (for notices to you) or to legal@point11.ai (for notices to us). Notices are deemed received on the date of confirmed delivery.

Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.

General Provisions

• Entire agreement — these Terms, together with any applicable service agreement, order form, DPA, and SLA, constitute the entire agreement between you and Point11 and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
• Severability — if any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
• Waiver — the failure of either party to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Export compliance — you agree to comply with all applicable export control and sanctions laws and regulations. You may not use or export our services in violation of U.S. export laws, including to any U.S.-embargoed country or to any person on a U.S. government restricted party list.

Contact Us

If you have any questions about these Terms of Service, please contact us at legal@point11.ai. For security-related inquiries, contact security@point11.ai.