Terms of Service

1. Acceptance of Terms

By accessing or using PRIZMBI ("Service," "Platform," or "Application"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and PRIZMBI ("we," "our," or "us").

2. Description of Service

PRIZMBI provides a cloud-based platform for operational performance tracking, KPI management, action planning, and team accountability. The Service includes data visualization, AI-assisted analytics, issue tracking, and collaboration tools designed for operational excellence.

3. Account Registration and Security

3.1 Account Creation

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Organizational Accounts

If you create an organizational account, you represent that you have the authority to bind that organization to these Terms. Users within your organization are subject to these Terms.

4. Prohibited Data and Acceptable Use

4.1 Prohibited Data

PRIZMBI IS NOT DESIGNED FOR STORING SENSITIVE PERSONAL INFORMATION. YOU EXPRESSLY AGREE NOT TO STORE:

• Payment card information (credit/debit card numbers, CVV codes, PINs)
• Social Security Numbers, Tax ID Numbers, or government-issued identification numbers
• Driver's license numbers, passport numbers, or other identification documents
• Protected Health Information (PHI) as defined by HIPAA
• Financial account numbers, bank account details, or investment information
• Biometric data, genetic information, or health records
• Passwords, authentication tokens, or cryptographic keys
• Any other Personally Identifiable Information (PII) not required for operational tracking

VIOLATION OF THIS SECTION WILL RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT. PRIZMBI ASSUMES NO LIABILITY FOR UNAUTHORIZED STORAGE OF SENSITIVE DATA.

4.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service to store or transmit malicious code or viruses
• Attempt to gain unauthorized access to the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems to access the Service without authorization
• Interfere with or disrupt the integrity or performance of the Service
• Remove, obscure, or alter any proprietary notices on the Service

5. Data Ownership and License

5.1 Your Data

You retain all ownership rights to the data you submit to the Service ("User Data"). By submitting User Data, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process that data solely for the purpose of providing the Service to you.

5.2 Our Intellectual Property

The Service, including all software, designs, text, graphics, and other content, is owned by PRIZMBI and protected by copyright, trademark, and other intellectual property laws. You may not use our intellectual property without prior written permission.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

6.1 No Warranty

THE SERVICE IS 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, OR NON-INFRINGEMENT.

6.2 Limitation of Damages

PRIZMBI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Unauthorized access to or alteration of your data
• Data breaches, security incidents, or information leakage
• Storage of prohibited sensitive information in violation of Section 4.1
• Any conduct or content of any third party on the Service
• Any errors, mistakes, or inaccuracies of content

IN NO EVENT SHALL PRIZMBI'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO PRIZMBI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

6.3 Data Security Disclaimer

WHILE WE IMPLEMENT REASONABLE SECURITY MEASURES, WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR DATA. YOU ACKNOWLEDGE THAT INTERNET TRANSMISSION IS NEVER COMPLETELY SECURE, AND YOU USE THE SERVICE AT YOUR OWN RISK. PRIZMBI IS NOT RESPONSIBLE FOR ANY DATA BREACHES, UNAUTHORIZED ACCESS, OR LEAKAGE OF INFORMATION, PARTICULARLY SENSITIVE INFORMATION STORED IN VIOLATION OF SECTION 4.1.

7. Indemnification

You agree to indemnify, defend, and hold harmless PRIZMBI, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your storage of prohibited sensitive information
• Any data breach resulting from your failure to secure your account

8. Payment and Subscription

8.1 Fees

Access to certain features of the Service requires payment of fees. You agree to pay all applicable fees as described on our pricing page. Fees are non-refundable except as required by law.

8.2 Billing

For subscription services, you authorize us to charge your payment method on a recurring basis. We may change our fees with thirty (30) days' notice. Continued use of the Service after a fee change constitutes acceptance of the new fees.

8.3 Termination for Non-Payment

We may suspend or terminate your access to the Service if payment is not received within the specified period.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting us. Upon termination, your right to use the Service will immediately cease.

9.2 Termination by Us

We may suspend or terminate your account at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

9.3 Effect of Termination

Upon termination, we may delete your User Data. We have no obligation to retain your data after termination. You are responsible for exporting your data before terminating your account.

10. Modifications to the Service and Terms

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, with or without notice. We may also modify these Terms at any time by posting the updated Terms on this page. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law provisions.

11.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

11.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and PRIZMBI individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Miscellaneous

12.1 Entire Agreement

These Terms constitute the entire agreement between you and PRIZMBI regarding the Service and supersede all prior agreements.

12.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

12.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

13. Contact Information

If you have any questions about these Terms, please contact us:

• Via our contact form
• By email: legal@prizm-bi.com