Terms of Service
Your use of the software, applications and other products and services provided by Solid Digital (the “Services”) is subject to the terms and conditions set forth in these Path Pilot Terms of Service (“the Agreement”).
Path Pilot is a free software released under the GPLv3 license. When using the Path Pilot and Path Pilot Pro software, you receive all rights granted under the GPL. These Terms of Service do not govern your use of the Path Pilot and Path Pilot Pro software, but your services received from Solid Digital, LLC. Path Pilot is a product owned by Solid Digital, LLC and for the remainder of this agreement, any reference to the supplying company will state Solid Digital, LLC.
These terms govern your use of our online store, our forums, our support and update Services, and other services that we may provide via the PathPilot.com website.
Please read the full terms, as they are the legally binding agreement.
For your convenience, we are providing you with a summary of the terms with the most important sections.
When using the Path Pilot shop to buy Services, you will receive an activation code. This activation code or other user credentials is meant to let us know that your website is entitled to support. Don’t share it or use it on more websites than you paid for; otherwise, it will be blocked.
If you contribute to our Support, forums, blogs, or other pages, we may use your contributions and may allow others to use them as well.
In any case, we offer no liability, both for our Software and Services, and the use of our website and Software is under your own risk.
Lastly, when you use our websites and Services, we may collect some information. This is defined in our Privacy Policy.
Terms. These Terms of Service governing your access to and use of our website and software, including any content, features, manuals, articles, and services that reside in them. This Agreement alongside the specific policies for different products and services we offer, is a part of the legal framework that governs the use of the Path Pilot software and website.
“Path Pilot” means Solid Digital, LLC, including our subsidiaries and affiliates worldwide (“Solid”, “we”, “our” or “us”),”
“Services” means: (i) our website, (ii) our forums; (iii) our support services; (iv) our update services; (v) our affiliation service; (vi) any other service we add to our offering. The policy agreements that apply to you are only the ones applicable to your use; meaning that if you act as an affiliate, then the Affiliation Agreement shall apply to you; if you’re not an affiliate, the affiliation annex does not apply to you.
“Software” means Path Pilot and Path Pilot Pro.
If you do not understand and/or agree to these Terms, you should immediately exit the Services and cease making any use of the Services.
Accounts and Eligibility Terms
You are solely responsible for all actions performed in the Services with your credentials. Keeping your Activation Code safe is your sole responsibility. If you have any reason to suspect that your account was compromised or that there was unauthorised access to your account, you must immediately notify us, and we may work together to fix the issue.
- It is our policy to have one Activation for each website according to the terms of the specific Subscription Plan you have purchased.
- You hereby represent and acknowledge that, unless you have otherwise explicitly notified us, anyone accessing your corporate account is acting on your behalf having all required authorisations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
Billing Information
To subscribe and make payments, you must provide accurate, complete, and up-to-date billing information. This may include details such as name, billing address, and payment methods. You are responsible for ensuring the confidentiality of your billing information and must promptly update any changes to avoid disruptions to the subscription service. Inaccurate or outdated billing information may result in payment issues and potential suspension of access to the Services.
Your Warranties
You represent and warrant to us that:
- You have, and will have at all times, all rights, licenses, and consents required for your use of the Services.
- You will comply with all applicable laws, rules, and regulations.
- You are not located in, or a national or resident of any of the countries or entities referred to in any country or entity that is subject to a U.S. Government embargo. Nor are you in a country that has been designated by the U.S. Government as a “terrorist supporting” country and are not listed on any U.S. Government list of prohibited or restricted parties.
- You were not previously prohibited by us from entering into an agreement with us nor was your account and/or use of the Services previously blocked, suspended or terminated by us for any reason.
We Own the Path Pilot Website and Services
While our Software is licensed under GPLv3, we own all Intellectual Property Rights relating to the Services. This applies, without limitation, to any underlying data, platforms, algorithms, technology, design, UI, any information, services, texts, files, charts, graphs, photos, sounds, videos, fonts, graphics, organization, structure, section assembly and arrangement thereof (including without limitation “look and feel”), features, and any modifications, enhancements and derivatives thereof and all other Intellectual Property Rights related thereto.
We also retain the ownership and full Intellectual Property Rights to the source code of the PathPilot.com website, apart from where we specifically use third-party software.
Please be advised that apart from where we specifically granted you a right to do so, all Intellectual Property Rights relating to the Services reside with us.
For the purpose of these Terms, “Intellectual Property Rights” means worldwide, whether registered or not (a) rights associated with works of authorship, designs, mask works and photography including copyrights; (b) trademarks, service marks, domain names, logos, trade names, trade dress, the right to publicity and goodwill rights; (c) patents, patent applications and industrial designs; (d) trade secrets; (e) rights analogous to those set forth herein and any other proprietary rights relating to intangible property; (f) divisions, continuations, renewals, reissues and extensions of the foregoing (as applicable) now existing or hereafter filed, issued, or acquired.
Acceptable Use Policy
This is a list of “don’ts” it is not exhaustive, and we may also find that other non-bona-fide activities constitute as non-acceptable use.
- Don’t allow others to use your account or license, by means of sale, license, lease assign, transfer, pledge, or any other activity that may be considered as sharing or conveying ownership in your account.
- Don’t copy or scrape our website, and don’t replicate its functionality. Meaning, don’t imitate our API calls to servers, don’t use an Iframe to reproduce our Services, don’t use a subdomain to redirect to our website.
- Don’t use our website or Services where it is prohibited by law; meaning, don’t use our Services in any state that is sanctioned by the US Export office.
- Don’t use our website or Services to conduct any illegal activity, or transmit any transmit or upload any viruses, spyware or other harmful, infringing, illegal, disruptive or destructive content or files.
- Don’t scrape our website without our permission, don’t use automated tools to submit queries or posts, and don’t mine personal information from our website.
- Don’t make extensive API or web calls in a manner that interrupts our hosting company or web-server.
- Don’t reverse engineer or decompile our website, or perform any activity that might reveal sensitive information.
- Don’t try to guess usernames or passwords or Access Codes, or otherwise circumvent or attempt to penetrate or circumvent any technical restrictions or limitations in the Services or website.
- Don’t resell our Services; meaning don’t offer others access to your product keys, or any other enabling methods, such as account credentials or activation codes. Don’t directly call files from our servers in your themes or products.
- Don’t remove our legal notices or names from the Services.
HIPAA Regulation: It is strictly forbbiden to upload, or allow anyone else to upload, any patient, medical, or other protected sensitive health information regulated by the Health Insurance Portability and Accountability Act (HIPAA) to our Services. Additionally, please do not use our Services to process this type of information.
Abusive Customers
We believe that our customers have every right to be heard, understood and respected. Having said that, we also believe that our staff have every right to work in a safe environment, free from any abuse or harm caused by others. Therefore, we will not accept any abusive or aggressive behaviour towards our staff. Abusive or aggressive behaviour includes language (whether verbal or written) that may cause our staff to feel threatened or abused and may include threats, personal verbal abuse, derogatory remarks and rudeness. Unacceptable behaviour as described above may cause us to decide to, by our sole discretion:
- Terminate all direct contact with such customers.
- Take any other action that we consider appropriate to the circumstances, including (but not limited to) termination of your subscription, banning you from our services, and any other action we deem necessary.
AI Services Terms
In addition to the Terms of Service and Privacy Notice, the following terms also apply if you utilize any of our AI-enabled products or services (collectively, the “AI Services”) offered by Path Pilot (collectively, the “Agreement”):
- Path Pilot uses technology provided by third-party service providers to provide the AI Products (the “Technology Partners”). Path Pilot solely serves as a platform to such services offered by the Technology Partners, and such services are not vetted, endorsed, or controlled by Path Pilot. Path Pilot does not hold any responsibility with respect to your use or access to the services provided by the Technology Partners, including with respect to its availability or its results. We will not be a party to any interaction between you and the Technology Partner.
- You are responsible for any input you upload to the AI Services (Input). You agree not to input any private sensitive information into the AI Services. Examples of private sensitive information may include, without limitation, personally identifiable information, bank account numbers, medical records, and financial records of any person. By using the AI Services, you agree that your Input of any business-sensitive information is at your own risk.
- You may only enter Input that is generally seen as appropriate. It is prohibited to use the AI Products to: (i) mislead anyone that the content generated by AI Products is human-generated; (ii) provide medical advice or any content regarding the treatment, prevention, diagnosis or transmission of diseases; (iii) provide legal or financial advice; (iv) generate contracts or legally binding obligations; (v) generate political content including for dissemination in electoral campaigns; (vi) generate spam, ransomware, keyloggers, viruses or other software; (viii) generate nudity or shocking content including obscene gestures, bodily fluids or other profane subjects; (ix) generate or disseminate information to be used for the administration of justice or other legal purposes; or to (x) implement fully-automated decision making.
- Path Pilot’s AI Services may automatically reject certain Input that could be explicit, offensive, or in other ways inappropriate in nature. You explicitly agree not to create any harmful content with the use of the AI Services.
- Path Pilot reserves the right to limit access to the AI Services at our sole discretion.
- Path Pilot does not guarantee the quality and accuracy of any content generated by the AI Services (collectively, “AI Output”). You should proofread and confirm all AI Output is accurate and correct. Path Pilot is not responsible for any errors in the AI Output. The use of the AI Output is at your sole risk.
- Path Pilot does not own AI Output. Path Pilot AI Services may produce similar Output for you based on Output created by other customers. Therefore, your rights in the AI Output may not be enforceable against other customers.
- You give Path Pilot the right to use your AI Input and AI Output to market and improve our products and AI Services.
- You are responsible for any Input, as well as the resulting material you generate, such as images, code, or text (“Output”). Any use of the Output is at your sole risk, under the terms set forth herein and the terms of the specific Technology Partner who provided the services with respect to an Output.
Free Trial
We may make one or more aspects of the AI Products available for a trial period at no charge at our sole discretion. The right to access and use the AI Products will be terminated upon you reaching the usage limit, which may change from time to time subject to our sole discretion. Following the free trial, and unless you purchase a subscription to the applicable AI Products, you will no longer be able to access the AI Products.
Disclaimer
The Output is generated by artificial intelligence, and you use it at your sole risk. You understand that the Output may be inaccurate or offensive, may infringe third parties’ intellectual property rights, and is not unique. You should not rely on the Output without independently verifying its accuracy with a lawyer and assessing its potential infringement on the rights of third parties. You acknowledge that Path Pilot has not verified the accuracy of the Output, and it does not represent Path Pilot’s views. Path Pilot makes no warranty or guarantee as to the accuracy, completeness, or reliability of the Output, nor the legal possibility to use the Output or whether it infringes on third parties’ rights and shall not have any liability or responsibility arising in any way from the Output or any omissions or errors contained in the Output. We recommend that you obtain professional and independent advice before you act on any advice contained in the Output, rely on the accuracy of the Output, or Use of the Output, in any way.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK.
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
YOU ACKNOWLEDGE AND AGREE THAT PATH PILOT IS NOT RESPONSIBLE FOR ANY ACTIVITIES OR LEGAL CONSEQUENCES OF YOUR USE OF THE AI PRODUCTS OR ITS OUTPUTS, INCLUDING IN CASE THAT A THIRD PARTY WILL HAVE A CLAIM AGAINST YOU FOLLOWING THE USAGE OF SUCH AI PRODUCTS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THESE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
OUR LIABILITY TO YOU, AND TO THIRD PARTIES, UNDER THIS AGREEMENT AND FOR ANY CLAIM BASED ON ANY LEGAL THEORY, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID US IN THE THIRTY DAYS PRIOR TO ANY DAMAGE OCCURRING.
UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL INCLUDING WITHOUT LIMITATION ANY LOST INCOME, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO YOUR USE OF THE SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM MADE BY US.
YOU OWN ALL CONTENT YOU GENERATE THROUGH OUR SOFTWARE AND SERVICES, AND IT IS AT YOUR SOLE RESPONSIBILITY. YOU SHALL ENSURE TO DISCLAIM ANY LIABILITY IN CONNECTION THEREWITH FROM US, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ITS NON-ADHERENCE TO ANY SYSTEM, LACK OF UPDATES, OR ANY OTHER CLAIM RELATING TO DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold us and anyone on our behalf, including but not limited to, all of our owners, managers, officers, affiliates, employees, licensors and suppliers harmless against any losses, expenses, costs, claims, damages (including attorneys’ fees, expert fees’, and other costs of litigation) arising from, incurred as a result of, or in any manner related to: (i) any content you submit according to our Submission Policy; and/or (ii) any breach of these terms made by you.
Amending these Terms
We may update this document from time to time. No update shall have a retroactive effect.
When we update significant terms, we shall notify you via slack.
If you continue to use our website and Services following such update, you agree to be bound by the new terms.
If you believe that any amendment to the terms of service impairs your right to use purchased products or services in a manner that affects your business or rights materially, do let us know and we will either issue you a partial refund for the time period which you will not be able to utilize the service or we will discuss a specific term to be applied to you.
Third-Party Components
The Services may contain parts provided by third parties and links to outside services and resources.
We do not screen, monitor, or control such content and services.
Any concerns regarding any such linked service or resource should be directed to such particular service or resource provider.
If we provide outside links, then such links are provided only as an informational resource, simply as a service and only for your convenience. We are not responsible or liable for such links or content.
Your right to use such Third-Party Components as part of, or in connection with the Software is subject to any applicable acknowledgments and license terms accompanying such Third-Party Components contained therein or related to that, as set forth herein.
If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components.
You hereby agree to such terms associated with the Third-Party Components.
The Software is provided to you without any support for Third-Party Components, which are used with or in connection to the Software, whether installed on your server or otherwise, whether or not in source code.
Termination
We may terminate these Terms and/or suspend your right to access or use any portion or all of the Services immediately (including without limitation the right to receive support and update services), at our sole discretion without notice.
Upon termination, you shall immediately cease using the Services.
Any section which includes a representation or warranty shall continue to apply, including any covenant or obligation on your behalf to pay Fees.
We shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending or otherwise limiting your use of the Services.
Governing Law, Jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to the principles of conflict of law therein. The parties consent to the exclusive jurisdiction of the courts of the State of Illinois, United States. The application of the United Nations Convention of Contracts for the International Sale of Goods or other international laws is expressly excluded.
Notwithstanding the foregoing, in the event of a breach or threatened breach of any provision of these Terms by you, we could suffer significant and irreparable harm that could not be satisfactorily compensated in monetary terms and that the remedies at law available to us may otherwise be inadequate and we shall be entitled, in addition to any other remedies to which it may be entitled to under law or in equity, to the immediate ex parte issuance, without bond, of an equitable relief, including without limitation, an injunctive relief, in any jurisdiction worldwide.
You hereby acknowledge and agree that We shall not be required to post a bond as a condition to obtaining or exercising any such remedies, and you hereby waive any such requirement or condition.
Enforceability
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and if such provision is determined to be invalid or unenforceable nonetheless, the provision shall be deemed to be severable from the remainder of these Terms and shall not cause the invalidity or unenforceability of the remainder of these Terms.
Assignment
We may assign these Terms, in whole or in part, in its sole discretion. You are not entitled to assign or otherwise transfer the Terms, or any of your rights or obligations hereunder, to any third-party without our prior written consent. Any unauthorized assignment will be void and of no force or effect;
Entirety
These Terms are the entire agreement between you and us regarding the subject matter herein.
Our failure to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
All waivers must be in writing. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or such provision on any other occasion;
Your failure to take any action against us over a term of one (1) year from any breach of these Terms shall be automatically deemed as a waiver.
No Class-Action
YOU UNDERTAKE NOT TO ENGAGE IN ANY CLASS-ACTION AGAINST THE COMPANY AND SOLELY TO CLAIM YOUR LOSSES PERSONALLY.
If you have any further questions or require further clarification, please contact us at pathpilot.com
Who Are We?
Path Pilot is owned by Solid Digital, LLC is a United States corporation.