Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website, applications, and services (collectively, the "Service") provided by Paena Technologies, Inc. ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. Accounts

2.1 Registration

You may need to create an account to access certain features. You agree to provide accurate, current, and complete information and to keep it updated.

2.2 Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at hello@payna.com if you suspect unauthorized access.

2.3 Termination by You

You may delete your account at any time through your account settings or by contacting us.

3. Acceptable Use

You agree not to:

• Violate any applicable law, regulation, or third-party right;
• Use the Service for any fraudulent, deceptive, or illegal purpose;
• Transmit viruses, malware, or any code of a destructive nature;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Scrape, crawl, or use automated means to access the Service without our written consent;
• Reverse-engineer, decompile, or disassemble any aspect of the Service;
• Use the Service to send unsolicited communications (spam);
• Impersonate any person or entity, or misrepresent your affiliation.

We reserve the right to suspend or terminate your access for violation of these Terms.

4. Intellectual Property

4.1 Our Property

The Service, including its design, text, graphics, logos, code, and all other content, is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except the limited right to use it under these Terms.

4.2 Your Content

You retain ownership of any content you submit to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, distribute, and display your User Content solely as necessary to operate and provide the Service. You represent that you have all necessary rights to grant this license.

4.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

5. Third-Party Services

The Service may contain links to or integrations with third-party websites or services. We do not control and are not responsible for third-party content, privacy practices, or availability. Your use of third-party services is at your own risk and subject to their terms.

6. Fees and Payment

6.1 Pricing

If the Service includes paid features, prices will be displayed before purchase. All fees are in U.S. dollars unless otherwise stated and are non-refundable except as required by law or expressly stated in a separate refund policy.

6.2 Subscriptions

Subscriptions auto-renew at the end of each billing cycle unless you cancel before the renewal date. You authorize us to charge your payment method on file for recurring fees.

6.3 Changes

We may change pricing with at least 30 days' notice. Continued use after a price change constitutes acceptance.

7. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party right.

10. Dispute Resolution

10.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

10.2 Arbitration

Any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in San Francisco, California. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

10.4 Exceptions

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights. Claims within the jurisdiction of small claims court may be brought there.

11. Modifications

We may update these Terms at any time. We will notify you of material changes by posting the updated Terms with a new effective date and, where appropriate, by email or in-app notification. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 4, 7, 8, 9, 10, and this Section 12 survive termination.

13. General

• Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• Waiver. Our failure to enforce any right or provision does not constitute a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them freely.
• Force Majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

14. Contact

If you have questions about these Terms, contact us at:

Paena Technologies, Inc.
San Francisco, CA
hello@payna.com