Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Pinnacle MAV Media LLC ("a Wyoming limited liability company"; "we," "us," "our") governing access to and use of Pinnora, including related websites, APIs, and services (collectively, the "Service"). By clicking to accept, creating an account, paying for a subscription, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Definitions

"Customer" means the individual or legal entity that registers for the Service (including on behalf of an organization). "Customer Content" means data, text, files, prompts, outputs, creative assets, configurations, and other materials submitted to the Service by Customer or its users. "Organization" means a multi-tenant workspace in the Service. "User" means any individual user account invited or authorized to access an Organization.

2. Electronic agreement; notices

You consent to receive communications electronically (including email to the address on file and notices posted in-product). You are responsible for keeping contact information current. Formal legal notices to us should be sent to:

3. Eligibility; organizational authority; sanctions

You must be at least eighteen (18) years old and capable of forming a binding contract. The Service is not intended for, and we do not knowingly provide it to, individuals under the age of sixteen (16). If you use the Service for a company or other entity, you represent and warrant that you have authority to bind that entity, and "you" includes that entity. Organization owners and administrators are responsible for their Users' compliance with these Terms.

You represent and warrant that (i) you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to comprehensive U.S. trade sanctions (currently Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Kherson, Luhansk, and Zaporizhzhia regions of Ukraine); (ii) you are not on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Department of Commerce's Entity List or Denied Persons List, or any equivalent sanctions or denied-party list maintained by the United Nations, European Union, or United Kingdom; and (iii) you will not use the Service in violation of applicable export-control or sanctions laws.

4. Description of the Service

Pinnora is a cloud software platform for advertising and marketing workflows, including research, messaging strategy, creative asset generation and variation, quality workflows, performance-related tooling, collaboration features, and related automation, as described in product documentation and your plan. Features may differ by tier. We do not guarantee any particular research outcome, ad performance, or regulatory compliance for your campaigns.

5. Artificial intelligence; generated outputs

Pinnora is designed around AI-assisted workflows (research, messaging, creative generation, scoring, analytics, and related automation). Portions of the Service use machine learning, large language models, multimodal models, or other automated systems to generate or transform content. Outputs may be inaccurate, incomplete, biased, hallucinated, or unsuitable for your use case. You are solely responsible for reviewing, editing, and approving any output before use in commerce, advertising, or legal filings. The Service does not provide legal, financial, medical, or professional advice. Third-party model and inference providers may process Customer Content as described in our Privacy Policy and Subprocessors list. AI Features—including training representations, security expectations for prompt abuse, and prohibited automation—are governed in detail by our AI & automated systems statement, which supplements these Terms.

6. Accounts; security

You must provide accurate registration information and safeguard credentials. Notify us promptly at technical@thepinnacle.media if you suspect unauthorized access. We may suspend accounts for risk, abuse, or non-payment.

7. License to use the Service

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the subscription term. You will not (and will not permit others to): reverse engineer (except where prohibited by law), scrape or data-mine the Service in violation of these Terms, interfere with security, circumvent quotas or billing, resell the Service without authorization, use the Service to build a competing product using our proprietary interfaces, or access the Service if you are legally prohibited from receiving U.S.-origin technology.

8. Customer Content; license to us

As between you and us, you retain ownership of Customer Content. You grant us a worldwide, non-exclusive license to host, reproduce, process, transmit, display, and create technical copies (including backups and security copies) of Customer Content solely to provide, secure, improve, and troubleshoot the Service and as described in our Privacy Policy. You represent and warrant that you have all rights necessary to grant this license and that Customer Content does not violate law or third-party rights.

9. Our intellectual property

We own the Service, software, branding, documentation, and our templates (excluding your Customer Content). Except for the limited rights expressly granted, no rights are transferred to you. Feedback you provide may be used by us without obligation to you.

10. Third-party services & ad platforms

The Service integrates with third-party services (e.g., authentication providers, payment processors, cloud infrastructure, email delivery, and optional advertising platform connections). Their terms and privacy policies apply when you use those services. You are solely responsible for compliance with Meta, Google, TikTok, LinkedIn, and other platforms' policies when you use outputs in paid media.

11. Advertising, claims, and regulatory compliance

You are solely responsible for ensuring that your ads, landing pages, disclosures, testimonials, and substantiation comply with applicable law (including FTC guidance, industry rules, and platform policies). The Service does not replace legal review.

12. Copyright; DMCA

We respect intellectual property rights. Our designated copyright agent and takedown procedures are described at DMCA / copyright policy. Notices should be sent to dmca@thepinnacle.media and include the information required by 17 U.S.C. § 512(c)(3).

13. Beta and preview features

We may offer beta or preview features. They may be unstable or change without notice, may not be covered by the same support or SLA commitments, and are provided AS IS.

14. Fees; taxes; credits; refunds

Fees, subscriptions, credits, trials, and payment mechanics are described at checkout and in our Billing, credits & refunds summary. Refund eligibility, billing-error remedies, discretionary service credits, chargebacks, and regional consumer rights are governed by our Refund & payment remedy policy. Fees are stated exclusive of taxes unless otherwise indicated. You authorize us and our payment processor to charge your payment method. Credits are not cash, may expire, and are governed by in-product rules.

15. Suspension; termination

We may suspend or terminate access for breach of these Terms, legal risk, non-payment, or extended periods of inactivity where permitted. You may cancel per the Billing policy. Upon termination, your right to access the Service ceases; we may delete Customer Content after a reasonable retention period subject to law and backup cycles.

16. 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, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100). TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

17a. Exclusions from the cap

Nothing in Section 17 limits or excludes a party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or willful misconduct; (d) a party's payment obligations under these Terms; (e) Customer's indemnification obligations under Section 18; (f) Customer's violation of the Acceptable Use Policy or infringement of our intellectual property rights; or (g) any other liability that cannot be excluded or limited by applicable law.

18. Indemnification

By you (Customer): You will defend, indemnify, and hold harmless Pinnacle MAV Media LLCand its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of (i) Customer Content (including any allegation that Customer Content infringes a third-party right or violates law); (ii) your use of the Service in violation of these Terms, the Acceptable Use Policy, or the AI & automated systems statement; (iii) your violation of advertising, consumer-protection, privacy, export-control, anti-corruption, or other applicable law; (iv) your use of AI-generated outputs without the human review required by Section 5; or (v) your fraud or willful misconduct.

By us:We will defend you against any third-party claim alleging that the Service, as provided by us and used by you in accordance with these Terms, directly infringes the third party's U.S. patent, copyright, or trademark, and we will pay the resulting damages or settlement amount agreed by us. This obligation does not apply to (a) Customer Content, (b) modifications you or any third party make to the Service, (c) combination of the Service with anything not provided by us where the claim would not have arisen but for the combination, (d) use of a non-current version of the Service after we have provided a free update, (e) use beyond the scope of these Terms, or (f) AI outputs to the extent the claim arises from inputs you supplied. If we receive notice of a claim covered above, we may at our option (i) procure the right for you to continue using the Service, (ii) modify the Service to be non-infringing while preserving substantially equivalent functionality, or (iii) terminate the affected portion of the Service and refund any prepaid fees attributable to the unused term. This Section states our sole liability and your sole remedy for third-party intellectual-property claims.

Procedure:The indemnified party will (i) promptly notify the indemnifying party of the claim, (ii) give the indemnifying party sole control of defense and settlement (provided no settlement requires the indemnified party to admit liability or pay money without its prior written consent), and (iii) provide reasonable cooperation at the indemnifying party's expense.

19. Export; sanctions

You may not use or export the Service in violation of U.S. or other applicable export control or sanctions laws (including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and U.S. Treasury OFAC sanctions). You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to comprehensive U.S. sanctions (see Section 3) and that you will not provide access to the Service to any such person or use it in connection with prohibited end-uses (e.g., nuclear, chemical, or biological weapons proliferation).

19a. Anti-corruption

You will comply with the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act 2010, and equivalent anti-bribery and anti-corruption laws applicable to you. Neither you nor any of your representatives will offer, promise, give, request, agree to receive, or accept any financial or other advantage to induce improper performance of any function or activity in connection with the Service.

19b. U.S. government end users

If you are a U.S. federal, state, or local government entity (or a contractor procuring on its behalf), you acknowledge that the Service is "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. § 2.101 and is provided to government end users only with those rights set forth in these Terms, consistent with FAR 12.211, 12.212, DFARS 227.7202, and any successor provisions. Sovereign-immunity waivers and other government-unique terms require an executed enterprise agreement.

20. Assignment

You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice where required by law.

21. Force majeure

We are not liable for delays or failures due to events beyond our reasonable control, including acts of God, war, terrorism, labor disputes, internet or power failures, or government actions.

22. Governing law; exclusive venue

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles. Subject to Section 23, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Laramie County, Wyoming, USA, and waive any objection to inconvenient forum, except that either party may seek injunctive relief in any court of competent jurisdiction.

23. Informal dispute resolution

Before filing a claim, the parties agree to attempt to resolve disputes informally for at least thirty (30) days by contacting technical@thepinnacle.media with a written description of the dispute.

24. Class action waiver (where enforceable)

To the fullest extent permitted by law, proceedings to resolve disputes will be conducted only on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, representative action, or private attorney general action. If this waiver is found unenforceable, the dispute will still be governed by Section 22 but the class action waiver will be severable.

25. Regional consumers

If you are a consumer in the European Economic Area, United Kingdom, or Switzerland, mandatory consumer protection laws in your country may apply notwithstanding the governing law clause, and you may have rights that cannot be waived by contract.

26. Severability; entire agreement; waiver

If any provision is invalid, the remainder remains in effect. These Terms (and policies incorporated by reference) constitute the entire agreement regarding the Service and supersede prior understandings. Failure to enforce a provision is not a waiver.

27. Changes to Terms

We may modify these Terms by posting an updated version and changing the "Last updated" date. Material changes may require additional notice (e.g., email or in-product) where required by law. Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription per the Billing policy.

28. Survival

Sections 8 (Customer Content; license to us, with respect to backups), 9 (Our intellectual property), 14 (Fees; taxes; credits; refunds), 16 (Disclaimer of warranties), 17 (Limitation of liability), 17a (Exclusions from the cap), 18 (Indemnification), 19, 19a, 19b (Export, anti-corruption, USG), 22-25 (Disputes, governing law, class waiver), and any provision that by its nature should survive, survive termination of these Terms.

29. No third-party beneficiaries

These Terms do not create any third-party beneficiary rights. Nothing in these Terms confers on any third party any right to enforce any term of these Terms.

30. Contact