Terms of Service

1. Agreement

These Terms of Service ("Terms") form a binding agreement between you ("you" or "User") and the operator of Powaqa ("Powaqa," "we," "us," or "our") governing your access to and use of the Powaqa service, websites, applications, and related software (collectively, the "Service").

By creating an account, accessing the Service, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding contract, to use the Service.

2. The Service

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Features, functionality, models, integrations, pricing, and availability may be added, modified, suspended, limited, or discontinued at any time at our sole discretion, with or without notice.

The Service uses artificial intelligence to generate output. AI-generated output may be inaccurate, incomplete, biased, offensive, outdated, or otherwise unsuitable. Output should not be relied upon as a substitute for professional advice, including but not limited to medical, legal, financial, tax, psychological, or safety-related advice. You assume all risk associated with reliance on Service output.

The Service may rely on third-party services, networks, and infrastructure. We are not responsible for the failure, downtime, or actions of any third party.

3. Account

An account is for a single individual. You are solely responsible for: maintaining the confidentiality of your credentials; all activity that occurs under your account; ensuring the accuracy of information you provide; complying with all laws applicable to your use.

You may not share, sell, lease, or transfer your account, allow others to use your account, or use the account of another person.

We may, at our sole discretion and with or without notice, refuse registration, suspend access, or terminate your account for any reason or no reason, including but not limited to suspected violation of these Terms, suspected fraud, legal compulsion, security concerns, non-payment, or operational reasons.

Account closure procedures and self-service deletion may not be available at all times. To request account closure, contact us through the support channel on our site. We will process such requests in accordance with applicable law and our retention obligations described in our Privacy Policy.

4. Acceptable Use

You agree not to use the Service to: (a) violate any law, regulation, or third-party right; (b) harass, threaten, defame, stalk, or harm any person; (c) generate, transmit, or store unlawful, infringing, deceptive, fraudulent, hateful, sexually explicit material involving minors, or otherwise objectionable content; (d) infringe intellectual property, privacy, publicity, or other rights; (e) interfere with or disrupt the Service, its security, or its infrastructure; (f) attempt to access systems, accounts, or data not belonging to you; (g) reverse-engineer, decompile, disassemble, or attempt to extract source code, models, weights, prompts, or training data from the Service; (h) scrape, crawl, harvest, or systematically extract Service output for competitive, derivative, or resale purposes; (i) use the Service to develop, train, or improve any competing product; (j) use automated means to interact with the Service except as we expressly authorize; (k) misrepresent your identity or affiliation.

We reserve the right, but have no obligation, to monitor, review, or remove content and activity, and to take any action we deem appropriate, including suspension, termination, and reporting to law enforcement.

5. Pricing, Billing, and Refunds

We may offer free and paid tiers. Pricing, features, usage limits, and tier definitions are described separately and may change at our discretion. We may provide reasonable notice of pricing changes affecting active paid subscriptions.

Paid subscriptions auto-renew at the then-current price unless cancelled before renewal. You authorize us and our payment processors to charge your payment method for applicable fees and taxes.

Except where required by applicable law, all fees are non-refundable, and we do not provide prorated refunds for partial periods, unused services, or downgrades.

You are solely responsible for all taxes, duties, and government charges associated with your use of the Service.

If we are unable to charge your payment method or you fail to pay, we may suspend or terminate your access without further notice.

6. User Content

"User Content" means any data, text, files, prompts, messages, account credentials, or other materials you submit to or through the Service.

As between you and us, you retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable license to host, store, copy, transmit, display, process, and otherwise use User Content solely as needed to provide, secure, debug, and improve the Service for you, comply with law, and enforce these Terms.

You represent and warrant that you have all rights necessary to submit your User Content and to grant the license above, and that your User Content does not violate any law or third-party right.

We do not use User Content to train AI models we develop or to serve advertising. We may direct third-party service providers (including AI model providers) to operate under contractual or product-level terms that limit their use of User Content; we cannot, however, guarantee the practices of any third party.

You are solely responsible for your User Content. We are not liable for User Content or for any loss, alteration, or unauthorized access to it.

7. Intellectual Property

The Service, including all software, models, designs, text, graphics, logos, branding, documentation, and underlying technology, is owned by us or our licensors and is protected by intellectual property and other laws. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

Feedback, suggestions, or ideas you provide regarding the Service are non-confidential and may be used by us without restriction or compensation.

8. Privacy

Our collection, use, and disclosure of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR QUIET ENJOYMENT.

WE DO NOT WARRANT THAT THE SERVICE OR ITS OUTPUT IS ACCURATE, COMPLETE, RELIABLE, SECURE, ERROR-FREE, UNINTERRUPTED, OR FREE OF HARMFUL COMPONENTS. WE DO NOT WARRANT THAT DATA WILL NOT BE LOST OR CORRUPTED. NO ADVICE OR INFORMATION OBTAINED FROM US OR THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POWAQA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED US DOLLARS (USD 100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIMITATIONS ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

The limitations in this section reflect a reasonable allocation of risk and form an essential basis of the bargain.

11. Indemnification

You agree to indemnify, defend, and hold harmless Powaqa, its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or of any law; (d) your violation of any third-party right.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

12. Modifications

We may revise these Terms at any time. If we make material changes, we will provide notice through the Service, by email, or by other reasonable means. Continued use of the Service after changes take effect constitutes acceptance.

If you do not agree to the revised Terms, your sole remedy is to stop using the Service and request account closure.

13. Termination

These Terms remain in effect until terminated. We may suspend or terminate your access to the Service at any time, for any reason or no reason, with or without notice. You may stop using the Service at any time and request account closure as described in Section 3.

Upon termination: your right to access the Service immediately ends; we may delete or retain your User Content as permitted or required by law and our Privacy Policy; sections that by their nature should survive termination — including ownership, license grants, disclaimers, limitations of liability, indemnification, and dispute resolution — survive.

14. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the jurisdiction in which the Service operator is established, without regard to its conflict-of-laws principles, except where mandatory local consumer-protection laws apply.

Before filing any formal proceeding, you agree to first contact us through the support channel and attempt in good faith to resolve the dispute informally. If the dispute is not resolved within sixty (60) days of notice, either party may pursue formal proceedings.

Subject to applicable mandatory law, you and we agree that any formal proceeding shall be brought exclusively in the competent courts of the operator's jurisdiction, and you consent to the personal jurisdiction of those courts.

To the extent permitted by law, you and we waive the right to a jury trial and the right to participate in any class action or representative proceeding.

15. Force Majeure

We are not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, labor disputes, internet or utility outages, third-party service failures, cyberattacks, or pandemics.

16. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms expressly incorporated, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.

If any provision is held invalid or unenforceable, the remainder remains in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to be enforceable while reflecting the parties' intent.

Our failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, reorganization, or by operation of law, without restriction.

No agency, partnership, joint venture, or employment relationship is created by these Terms.

Section headings are for convenience only and do not affect interpretation.

17. Contact

Questions about these Terms can be sent through the support channel listed on our site.