Last Updated: February 17, 2025

These Terms and Conditions ("Terms") constitute a legally binding agreement between You (defined below) and Pantera AI Dynamics Inc. ("Company", "We", "Us", or "Our") governing Your access to and use of the software-as-a-service products and services provided by Us, primarily through Our website located at https://www.pantera-ai.com (the "Website").

By accessing the Website, registering for an Account, or using the Service (defined below), You acknowledge that You have read, understood, and agree to be bound by these Terms, Our Privacy Policy (available at https://pantera-ai.com/privacy-policy) and the Pricing Schedule (defined below), all of which are incorporated herein by reference.

If You do not agree to these Terms, the Privacy Policy, or the Pricing Schedule, You must not access or use the Service.

1. Interpretation and Definitions

For the purposes of these Terms and Conditions:

Account: A unique user profile created by You or on Your behalf that allows access to specific features of the Service.

Additional Usage Charges: Fees incurred for using Add-on Services beyond the Included Allocations specified for Your Subscription Plan, charged at the rates defined in the Pricing Schedule.

Company: Pantera AI Dynamics Inc., a Delaware corporation.

Add-on Services: Specific features or services offered by the Company, often on a usage-based basis (such as, but not limited to, email verification, email sending, AI content generation, AI image generation), which may be included up to certain limits ("Included Allocations") within a Subscription Plan or may incur Additional Usage Charges. The specific Add-on Services, Included Allocations, and associated fees are detailed in the Pricing Schedule.

Confidential Information: Means all non-public information disclosed by one party ("Discloser") to the other party ("Recipient"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Company Confidential Information includes, without limitation, non-public aspects of the Service, its software, technology, pricing, and business strategies. Your Confidential Information includes, without limitation, Your Data. Confidential Information does not include information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser, (ii) was known to the Recipient prior to its disclosure by the Discloser without breach of any obligation owed to the Discloser, (iii) is received from a third party without breach of any obligation owed to the Discloser, or (iv) was independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information.

Country: Refers to the United States.

Device: Any electronic device capable of accessing the Service, such as a computer, smartphone, or tablet.

Feedback: Any suggestions, ideas, proposals, enhancement requests, recommendations, or other feedback provided by You relating to the Service.

Fees: The charges payable by You for access to and use of the Service in accordance with Your selected Subscription Plan, including recurring Subscription Fees and any applicable Additional Usage Charges for Add-on Services.

Included Allocations: The quantity or volume of specific Add-on Services included within Your Subscription Plan per period (e.g., per month) at no additional charge, as specified in the Pricing Schedule.

Pricing Schedule: The document, webpage, or section within the Service designated by the Company, accessible via the Website or provided separately, that details the current Subscription Plan rates, features, limits, Add-on Services, Included Allocations, and rates for Additional Usage Charges. The Pricing Schedule is incorporated herein by reference and may be updated by Us from time to time in accordance with Section 19 (Changes to the Terms).

Service: The SaaS products, platform features, tools, support, APIs (if applicable), and related services provided by the Company, primarily accessible via the Website.

Subscription Fees: The recurring charges for Your selected Subscription Plan, payable in advance for each Subscription Term.

Subscription Plan: The specific plan (e.g., Monthly, Annual) selected by You, which dictates the scope of Services, features, usage limits, Fees, and Subscription Term.

Subscription Term: The period during which You are authorized to use the Service, as specified in Your chosen Subscription Plan (e.g., monthly, annual), commencing on the date Your subscription is activated and automatically renewing unless terminated in accordance with these Terms.

Terms and Conditions (or "Terms"): This agreement between You and the Company, including the incorporated Privacy Policy and Pricing Schedule.

Usage Wallet: A pre-paid balance maintained within Your Account, funded by You or potentially through promotional credits provided by Us, used exclusively to pay for Additional Usage Charges.

Website: https://www.pantera-ai.com and any related subdomains operated by the Company.

You / Your: The individual accessing or using the Service, or the company, organization, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Your Data: Any data, information, text, graphics, contact lists, communications content, or other materials uploaded, submitted, stored, processed, generated, or transmitted by You through or in connection with Your use of the Service, excluding Feedback.

2. Acknowledgment and Authority

By accessing or using the Service, You represent and warrant that: (a) You are at least 18 years of age and have the legal capacity to enter into a binding agreement. (b) You agree to fully comply with these Terms and all applicable laws and regulations. (c) Your access to and use of the Service is subject to Our Privacy Policy. Please review it carefully before using the Service. (d) If You are accessing or using the Service on behalf of a company, organization, or other legal entity, You represent and warrant that You have the authority to bind that entity to these Terms, and in such case, "You" and "Your" as used herein shall refer to such entity. If You do not agree with any part of these Terms, the Privacy Policy, or the Pricing Schedule, You must immediately discontinue access to and use of the Service.

3. Subscription Plans, Add-on Services, Fees, Payment, and Renewals

3.1 Subscription Plans: We offer various Subscription Plans as detailed on Our Website and in the Pricing Schedule. Features, limits, Subscription Fees, and Included Allocations vary by plan.

3.2 Add-on Services, Allocations, and Overage:Your Subscription Plan grants access to the core features of the Service and may also include specific quantities or limits of Add-on Services ("Included Allocations") per Subscription Term period (e.g., per month), as detailed in the Pricing Schedule applicable to Your plan.

Usage of Add-on Services is tracked by Us. Usage exceeding the Included Allocations for any Add-on Service during a given period will incur Additional Usage Charges.

Included Allocations generally reset at the beginning of each billing period (e.g., monthly) and do not roll over unless explicitly stated otherwise in the Pricing Schedule.

We may, at Our discretion, provide promotional credits or initial balances (as described in the Pricing Schedule or a separate offer) that can be applied towards the use of Add-on Services via the Usage Wallet. These credits have no cash value, are non-transferable, non-refundable, and may expire according to their specific terms.

3.3 Billing for Additional Usage Charges and Usage Wallet: Additional Usage Charges are calculated based on Your consumption of Add-on Services beyond the Included Allocations, charged at the per-unit rates specified in the then-current Pricing Schedule.

All Additional Usage Charges are deducted from Your Usage Wallet balance. You are required to maintain a positive balance in Your Usage Wallet to use Add-on Services beyond Included Allocations or if Your plan requires it for certain services.

You authorize Us to automatically charge Your chosen payment method on file to add funds to Your Usage Wallet when its balance falls below ****$5.00 USD. The minimum top-up amount will be $10.00 USD, or such other amount as specified in the Pricing Schedule or Your Account settings. You can also manually add funds to Your Usage Wallet through Your Account settings.

Funds added to the Usage Wallet are non-refundable and must be used for Add-on Services.

You are responsible for monitoring Your usage of Add-on Services and Your Usage Wallet balance. Usage and balance information may be available within Your Account interface.

3.4 Payment: Subscription Fees are due in advance for the upcoming Subscription Term.

You authorize Us, through Our third-party payment processor(s), to charge Your chosen payment method for: (i) the Subscription Fees associated with Your selected Subscription Plan at the time of activation and upon each renewal, and (ii) any automatic or manual top-ups for Your Usage Wallet as described in Section 3.3.

3.5 Payment Processor: Payments are processed through third-party payment processors. Your use of such services may be subject to their terms and conditions and privacy policies. We are not responsible for the acts or omissions of third-party payment processors.

3.6 Currency: All Fees are payable in United States Dollars (USD) unless otherwise specified.

3.7 Taxes: All Fees are exclusive of applicable federal, state, local, or foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including, without limitation, sales, use, and value added taxes). You are solely responsible for paying all such taxes associated with Your purchases hereunder, excluding only taxes based on Our net income.

3.8 Automatic Renewal: Unless You cancel Your subscription prior to the end of the current Subscription Term (through Your Account settings or by contacting [email protected]), Your subscription will automatically renew for successive periods of equal duration to the initial Subscription Term (e.g., month-to-month for Monthly Plans, year-to-year for Annual Plans). You authorize Us to charge the applicable Subscription Fees for the renewal term using the payment method on file.

3.9 Failure to Pay: If We are unable to charge Your payment method for any Fees due (Subscription Fees or Usage Wallet top-ups), We will provide You with notice of non-payment (typically via email to the address associated with Your Account). If outstanding Fees are not paid within ten (10) calendar days of such notice, We may, without limiting Our other rights and remedies (such as the right to terminate under Section 10): (a) suspend Your access to some or all features of the Service, particularly Add-on Services requiring a Usage Wallet balance, until full payment is received, or (b) terminate Your Account. Overdue Subscription Fees may be subject to interest at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, accruing from the date due until paid in full.

3.10 Price Changes: We reserve the right to change the Fees, including Subscription Fees and rates for Additional Usage Charges detailed in the Pricing Schedule. Any Fee changes for existing subscriptions will become effective only upon the renewal of Your Subscription Term (for Subscription Fees) or after the specified notice period below (for Additional Usage Charge rates). We will provide You with reasonable prior notice (at least 30 days for Subscription Fee increases or material changes to Additional Usage Charge rates) of any Fee changes.

4. Refund Policy

Monthly Plans: Subscription Fees paid for Monthly Plans are non-refundable. No refunds or credits will be issued for partial months of service, downgrade/upgrade refunds, or unused months if You cancel mid-term.

Annual Plans: If You cancel an Annual Plan within the first fourteen (14) calendar days of Your initial subscription date, You may request a pro-rated refund of the Subscription Fee. This refund will be calculated based on the number of unused days remaining in the initial 14-day period, less the calculated value of any Included Allocations consumed (based on standard Additional Usage Charge rates per the Pricing Schedule) and any Additional Usage Charges already incurred or paid during that period. Upon approval of the refund request, the Company will process such refund within thirty (30) business days.

Usage Wallet: Funds added to the Usage Wallet are non-refundable, whether added manually or via auto top-up. Any remaining balance in the Usage Wallet at the time of termination or cancellation will be forfeited.

Exclusions: No refunds will be issued for:Setup fees, onboarding services, or other professional services (if applicable).

User errors, dissatisfaction unrelated to Service defects for which support resources were not reasonably utilized, or failure to cancel before a renewal date.

Terminations due to Your breach of these Terms.

5. Acceptable Use Policy You agree not to use the Service to:

Violate any applicable local, state, national, federal, or international law, regulation, or ordinance.

Infringe or violate Our intellectual property rights or the intellectual property rights of others.

Transmit, store, or distribute spam, unsolicited commercial messages, malware, viruses, worms, Trojan horses, or any other malicious or harmful code.

Engage in any activity that is illegal, fraudulent, deceptive, libelous, obscene, harassing, abusive, threatening, harmful to minors, or otherwise objectionable.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.

Use any automated system (bots, spiders, scrapers) to access the Service in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period by using a conventional web browser, unless expressly permitted by Us (e.g., via published APIs).

Use the Service for benchmarking purposes or to build a competitive product or service.

Resell, sublicense, lease, or otherwise make the Service available to any third party without Our express written consent.

Generate content using any AI tools within the Service that is intentionally false, misleading, unethical, harmful, discriminatory, or infringing on the rights of others.

Exceed any usage limits applicable to Your Subscription Plan (including Included Allocations if not paying for overage) in a manner that materially degrades performance or availability of the Service for others.

We reserve the right, but do not assume the obligation, to monitor Your use of the Service to verify compliance with this policy and to investigate violations. We may suspend or terminate Your access to the Service immediately and without notice if We reasonably believe You have violated this Acceptable Use Policy.

6. Account Ownership

The individual or legal entity whose payment method is associated with the Account registration is considered the primary owner of the Account. In the event of a dispute regarding Account ownership, We reserve the right to request documentation (such as government-issued photo ID, business registration documents, or proof of domain ownership) to determine the rightful owner. We retain the final discretion in determining Account ownership based on the evidence provided.

7. User Responsibilities, Data Handling, and Protection

Your Responsibility: You are solely responsible for:The accuracy, quality, legality, and content of Your Data and Your communications sent using the Service.

Ensuring that Your use of the Service complies with all applicable laws, regulations, and industry best practices, including those related to data privacy, marketing communications (e.g., CAN-SPAM, TCPA, GDPR, CCPA), and content.

Obtaining and maintaining all necessary rights, consents, and permissions required under applicable laws to collect, store, process, and transmit Your Data (including personal data of Your contacts) using the Service, and to allow Us to process Your Data in accordance with these Terms and Our Privacy Policy. You represent and warrant that You have done so.

Maintaining the confidentiality and security of Your Account credentials (username and password) and for immediately notifying Us of any unauthorized use of Your Account. You are responsible for all activities that occur under Your Account.

Data Storage and Processing: We will store and process Your Data as necessary to provide, maintain, and improve the Service. Our data handling practices are detailed in Our Privacy Policy.

No Responsibility for User Actions: We are a platform provider and are not responsible for how You choose to use the Service, the content of Your Data or communications, or Your interactions with Your contacts.

8. Intellectual Property Rights

Our IP: The Service, including its underlying software, technology, documentation, Website content, visual interfaces, graphics, design, compilation, information, data, computer code (including source and object code), products, and all other elements of the Service, including all associated trademarks, service marks, and trade names ("Our IP"), are the exclusive property of the Company or its licensors and are protected by intellectual property laws.

Limited License to You: Subject to Your compliance with these Terms and payment of applicable Fees, We grant You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license during the Subscription Term to access and use the Service solely for Your internal business purposes as contemplated by Your Subscription Plan.

Restrictions: You shall not (and shall not allow any third party to): (a) copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Service; (b) sell, rent, lease, distribute, sublicense, or transfer any rights to the Service; (c) use the Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; (d) remove any proprietary notices or labels; or (e) use the Service in violation of the Acceptable Use Policy or applicable law.

Ownership of Your Data: As between You and Us, You retain all right, title, and interest in and to Your Data.

License to Us for Your Data: You grant Us a worldwide, non-exclusive, royalty-free, sublicensable (to Our service providers) license to host, copy, use, process, transmit, modify (e.g., for formatting), and display Your Data solely as necessary for Us to provide, maintain, secure, and improve the Service and as permitted by these Terms and Our Privacy Policy.

Feedback: You grant Us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and incorporate any Feedback You provide into the Service or Our other offerings, without any obligation, attribution, or compensation to You.

Reservation of Rights: All rights not expressly granted to You in these Terms are reserved by the Company and its licensors.

9. Modifications and Availability

Modifications: We reserve the right to modify, enhance, suspend, or discontinue, temporarily or permanently, the Service (or any part, feature, or functionality thereof, including Add-on Services) at Our discretion. We will endeavor to provide reasonable notice (e.g., via email or in-app notification) of any material adverse changes to the core functionality of the Service, where practical.

Availability: We will use commercially reasonable efforts to make the Service available, but We do not guarantee uninterrupted or error-free operation. The Service may be unavailable due to scheduled maintenance, emergency maintenance, or circumstances beyond Our reasonable control (Force Majeure). We are not liable for any service interruptions or unavailability, except as explicitly provided in a separate Service.