Terms and conditions
Last Updated: 2025-01-01
Acceptance of Terms
Welcome to Pragmatically. By accessing or using our website and services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services.
Description of Services
Pragmatically provides software tools to unlock productivity for modern businesses. We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.
Eligibility
You must be at least 13 years old to use our Services. If you are under 18, you must have permission from a parent or legal guardian. By using our Services, you represent and warrant that you meet these eligibility requirements.
Account Registration
Account Creation
To access certain features of our Services, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
Account Termination
We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may terminate your account at any time by contacting us at sal@itspragmatic.com.
User Conduct
You agree not to:
- Use the Services for any illegal purpose or in violation of any laws
- Infringe upon the intellectual property rights of others
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the Services or servers
- Harass, abuse, or harm other users
- Impersonate any person or entity
- Collect or store personal data about other users without permission
- Use automated systems (bots, scrapers) to access the Services without permission
- Engage in any activity that could damage our reputation or business
Intellectual Property Rights
Our Content
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof (collectively, "Our Content"), are owned by Pragmatically or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Your Content
You retain ownership of any content you submit, post, or display on or through the Services ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform Your Content in connection with providing and improving the Services.
You represent and warrant that:
- You own or have the necessary rights to Your Content
- Your Content does not violate any third-party rights
- Your Content complies with these Terms
Feedback
If you provide us with any feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation to you.
Payment Terms
Subscriptions
Certain features of our Services may require payment. By purchasing a subscription, you agree to pay the fees specified for your selected plan.
Billing
- Subscriptions are billed in advance on a recurring basis (monthly or annually)
- Payment is due immediately upon subscription
- We use third-party payment processors to handle payment transactions
- You authorize us to charge your payment method for all fees incurred
Refunds
Refund policies vary by subscription type. Please contact us at sal@itspragmatic.com for specific refund requests. Generally, refunds are provided at our discretion.
Price Changes
We reserve the right to change our pricing at any time. We will provide reasonable notice of price changes. Continued use of the Services after a price change constitutes acceptance of the new pricing.
Cancellation
You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. No refunds will be provided for partial periods.
Third-Party Services
Our Services may contain links to third-party websites or integrate with third-party services. We are not responsible for the content, privacy practices, or terms of service of any third-party services. Your use of third-party services is at your own risk.
Privacy
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
Disclaimers
No Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted, secure, or error-free
- The results obtained from using the Services will be accurate or reliable
- Any errors in the Services will be corrected
Use at Your Own Risk
You use the Services at your own risk. We are not responsible for any damage to your computer system, mobile device, or loss of data resulting from your use of the Services.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRAGMATICALLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
Indemnification
You agree to indemnify, defend, and hold harmless Pragmatically and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any rights of another party
- Your Content
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law provisions.
Jurisdiction
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Wyoming, and you consent to the personal jurisdiction of such courts.
Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Pragmatically concerning the Services.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or government actions.
Survival
Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Contact Information
If you have any questions about these Terms, please contact us at:
Pragmatically Email: sal@itspragmatic.com
Special Provisions
Beta Features
We may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "as is" and may not function properly. We may discontinue Beta Features at any time. By using Beta Features, you acknowledge and accept these risks.
API Usage
If you use our API, you must comply with our API terms and documentation. We may rate-limit or revoke your API access at any time.
Export Controls
You agree to comply with all applicable export and import control laws and regulations in your use of the Services.
Government Users
If you are a U.S. government entity, our Services are "commercial items" as that term is defined at 48 C.F.R. 2.101, and you have only the rights granted to all other users under these Terms.