Terms & Conditions

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legal agreement between you, either as an individual or on behalf of an entity ("you" or "Customer"), and PatternMatrix ("PatternMatrix," "we," "our," or "Company"). By accessing or using our website, services, platform, or any related tools (collectively, the "Services"), you agree to be bound by these Terms.

If you do not agree with any part of these Terms, you may not use our Services. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

These Terms apply to all users, including customers, visitors, and casual browsers. PatternMatrix reserves the right to modify these Terms at any time, and such modifications will be effective upon posting to the website. Your continued use of the Services after changes indicates your acceptance of the updated Terms.

2. Description of Services

2.1 Service Overview

PatternMatrix provides a Software-as-a-Service (SaaS) platform that offers enterprise AI-powered analytics, unified data management, and business intelligence tools. Our Services include:

• Cloud-based analytics and reporting platform
• Data integration and management tools
• AI-powered insights and recommendations
• User account management and administration
• Technical support and customer service
• Documentation, training materials, and educational resources
• APIs and third-party integrations
• Data storage, processing, and backup services

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any portion of the Services with or without notice. We will provide 30 days' notice for material changes that negatively impact Services. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration and Use

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, truthful, and complete information
• Maintain the confidentiality of your password
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or use

3.2 Account Eligibility

You represent and warrant that:

• You are at least 18 years old (or the age of majority in your jurisdiction)
• You have the legal authority to enter into this agreement
• You are not prohibited by law from using the Services
• You are not a resident of a sanctioned country or on any restricted lists

3.3 Account Responsibility

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. PatternMatrix is not responsible for unauthorized access to your account resulting from your failure to safeguard your password.

4. Billing and Payment

4.1 Subscription Plans

PatternMatrix offers various subscription plans with different features, capacities, and pricing. All fees are stated in US Dollars unless otherwise specified. By subscribing, you authorize us to charge the applicable fees to your chosen payment method.

4.2 Pricing and Fee Changes

We reserve the right to adjust pricing with 30 days' notice. Price changes will apply to renewals of your subscription. Existing subscriptions within a billing period will not be affected until the next renewal date.

4.3 Payment Methods

We accept major credit cards, wire transfers, and other payment methods as specified in your account settings. All payments must be in the currency stated in your invoice. You agree to maintain valid payment information on file.

4.4 Failed Payments

If a payment fails:

• We will notify you and attempt to re-charge your account
• Your account may be suspended if payment remains unpaid for 15 days
• We may charge a late fee of 1.5% per month (18% annually) on overdue amounts
• Continued non-payment may result in account termination

4.5 Refund Policy

Our refund policy is as follows:

• Monthly subscriptions: 14-day money-back guarantee from activation
• Annual subscriptions: 30-day money-back guarantee from activation
• No refunds for partial months or unused portions after the guarantee period
• Refunds are issued to the original payment method within 5-7 business days
• Refunds do not apply to SLA credits or service credits

5. Service Level Agreement (SLA)

5.1 Uptime Commitment

PatternMatrix commits to maintaining 99.9% uptime availability for the Services measured on a monthly basis, excluding Scheduled Maintenance and Excluded Incidents.

• 99.9% Uptime: Maximum 43.2 minutes of downtime per month
• Target Availability: Services available 24/7 except for planned maintenance
• Measurement: Uptime calculated from PatternMatrix's monitoring systems

5.2 Scheduled Maintenance

PatternMatrix performs regular maintenance to ensure optimal performance and security:

• Frequency: Typically once per month
• Duration: Generally 2-4 hours
• Schedule: Sundays 2:00 AM - 6:00 AM UTC (whenever possible)
• Notice: We provide at least 48 hours' notice for planned maintenance
• Emergency Maintenance: May be performed without notice if necessary for security

5.3 Excluded Incidents

The 99.9% uptime commitment excludes:

• Scheduled Maintenance and planned downtime
• Issues caused by Customer actions or configurations
• Network or connectivity issues outside our infrastructure
• Third-party service failures (APIs, integrations, payment processors)
• Denial of Service (DDoS) attacks or cyber attacks
• Natural disasters or acts of God
• Issues caused by Customer's ISP or network
• Beta features or beta services

5.4 Response Time and Support

PatternMatrix is committed to responsive customer support:

5.5 SLA Credits

If PatternMatrix fails to meet uptime commitments, you are entitled to service credits:

5.6 SLA Credit Claim Process

To claim SLA credits:

• Submit a claim within 30 days of the incident
• Provide detailed documentation of the downtime impact
• Include logs, timestamps, and affected services
• Email claims to [email protected] with "SLA Claim" in subject
• PatternMatrix will verify the claim and respond within 5 business days

5.7 SLA Limitations

Service credits are your sole remedy for SLA failures. SLA credits:

• Cannot exceed the fees paid in the month SLA credits are due
• Cannot be refunded or transferred
• Are applied as account credits against future invoices
• Do not entitle you to terminate your agreement without penalty
• Cumulative credits in a single month do not exceed 100% of fees

6. Acceptable Use Policy

6.1 Prohibited Uses

You agree not to use the Services for any of the following purposes:

• Violating any applicable laws, regulations, or third-party rights
• Transmitting malware, viruses, or malicious code
• Conducting unauthorized access or exploitation of systems
• Performing denial-of-service (DDoS) attacks
• Intentionally disrupting or degrading service availability
• Violating intellectual property rights of others
• Engaging in harassment, threats, or abusive behavior
• Transmitting obscene or illegal content
• Engaging in fraud, deception, or illegal activities
• Reverse engineering, decompiling, or attempting to access source code
• Circumventing security measures or access controls
• Using the Services for competitive analysis without authorization
• Scraping or bulk downloading data without permission
• Selling, reselling, or distributing access to the Services
• Exporting data in violation of export control laws

6.2 Resource Limits

To ensure service quality for all users, you agree to comply with usage limits:

• API requests: According to your subscription plan limits
• Data storage: Limited to plan allocation (additional storage available at additional cost)
• User seats: Limited to plan allocation
• Processing time: Queries limited to prevent resource exhaustion
• Concurrent connections: Maximum based on subscription tier

6.3 Enforcement

PatternMatrix reserves the right to suspend or terminate your account immediately if we determine you have violated this Acceptable Use Policy. We may also report violations to law enforcement authorities where appropriate.

7. Intellectual Property Rights

7.1 PatternMatrix IP

The Services, including all software, source code, documentation, design, graphics, and content, are the exclusive property of PatternMatrix or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services solely for your intended business purposes during your subscription term.

7.2 Customer Data

You retain all ownership rights to data you input into the Services ("Customer Data"). By providing Customer Data, you grant PatternMatrix a non-exclusive, worldwide license to:

• Store, process, and transmit Customer Data as necessary to provide Services
• Create backup copies for disaster recovery
• Use Customer Data to improve and develop the Services
• Create anonymized, aggregated analytics and reports

7.3 Third-Party Content

The Services may contain third-party content, open-source components, and third-party APIs. Use of such content is subject to applicable third-party licenses and agreements.

8. Data Protection and Security

8.1 Data Encryption

PatternMatrix implements industry-standard security measures:

• AES-256 encryption for data at rest
• TLS 1.2+ encryption for data in transit
• Secure key management and rotation
• Regular security audits and penetration testing

8.2 Data Backup and Recovery

PatternMatrix maintains automated backups of Customer Data:

• Daily automated backups
• Data replicated across geographically dispersed data centers
• Recovery time objective (RTO): 4 hours
• Recovery point objective (RPO): 1 hour
• Disaster recovery drills conducted quarterly

8.3 Data Deletion

Upon account termination or at your request, Customer Data will be securely deleted within 30 days. Residual copies in backup systems will be automatically deleted according to our backup retention schedule (maximum 90 days).

9. Compliance and Certifications

PatternMatrix maintains the following compliance standards and certifications:

• SOC 2 Type II: Independently audited security and availability controls
• ISO 27001: Information security management system certification
• GDPR: Compliant with European data protection regulations
• CCPA/CPRA: Compliant with California privacy laws
• HIPAA: Available for healthcare customers (requires Business Associate Agreement)
• PCI DSS: Compliant with payment card industry standards
• HITECH Act: Compliant with HIPAA enforcement rules

10. Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. PatternMatrix DISCLAIMS ALL WARRANTIES, INCLUDING:

• Warranty of merchantability
• Warranty of fitness for a particular purpose
• Warranty of non-infringement
• Warranty of title
• Warranty of accuracy, completeness, or timeliness
• Warranty that the Services will meet your requirements
• Warranty that the Services will be uninterrupted or error-free

10.2 Limitation of Damages

EXCEPT FOR BREACHES OF CONFIDENTIALITY, IP INFRINGEMENT, OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL PATTERNMATRIX BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, or business opportunities
• Loss of data or data corruption
• Loss of goodwill or reputation
• Any damages arising out of or in connection with the Services

Maximum Liability: PatternMatrix's total liability for any claims arising under or related to these Terms shall not exceed the total fees you paid to PatternMatrix in the 12 months preceding the claim.

10.3 Exceptions to Liability Limitations

These limitations do not apply to:

• Either party's indemnification obligations
• Breaches of confidentiality
• Infringement of intellectual property rights
• Either party's gross negligence or willful misconduct
• Claims that cannot be limited under applicable law

11. Indemnification

11.1 Customer Indemnification

You agree to indemnify, defend, and hold harmless PatternMatrix from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services
• Customer Data you provide or transmit
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of third-party rights
• Your or your users' actions or omissions

11.2 PatternMatrix Indemnification

PatternMatrix agrees to indemnify you from claims that the Services, as provided, infringe upon valid patents, copyrights, trademarks, or trade secrets of third parties, provided that you:

• Promptly notify PatternMatrix of the claim
• Allow PatternMatrix sole control of defense and settlement
• Provide reasonable cooperation in the defense

12. Confidentiality

12.1 Confidential Information

Each party agrees to maintain the confidentiality of the other party's Confidential Information and to use such information solely for performing obligations or exercising rights under these Terms.

12.2 Exceptions

Confidential Information does not include information that:

• Is publicly available through no breach by the receiving party
• Was independently developed without use of Confidential Information
• Is rightfully received from a third party without confidentiality obligations
• Must be disclosed by law or court order (with notice to allow time to seek protective order)

13. Termination

13.1 Termination for Convenience

You may terminate your subscription at any time by:

• Providing written notice to [email protected]
• Selecting "Cancel Account" in your account settings
• Notice takes effect at the end of the current billing period

13.2 Termination for Cause

PatternMatrix may terminate your account immediately if you:

• Violate these Terms
• Fail to pay fees after 30 days of written notice
• Breach security or Acceptable Use Policy
• Engage in illegal or harmful activities
• Are subject to legal sanctions or restrictions

13.3 Effects of Termination

Upon termination:

• Your license to use the Services immediately terminates
• You remain responsible for all fees accrued through the termination date
• Customer Data will be deleted within 30 days as per our data deletion policy
• Provisions regarding confidentiality, IP rights, and liability survive termination

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

14.2 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation. The disputing party must provide written notice detailing the dispute and proposed solution.

14.3 Arbitration

Any dispute arising under these Terms shall be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration & Mediation Services (CAMS) rules:

• Arbitration will be conducted in Wilmington, Delaware
• Each party bears its own attorney fees and costs
• The arbitration decision is final and binding
• Either party may enforce the award in any court of competent jurisdiction

14.4 Exceptions to Arbitration

The following matters are not subject to arbitration:

• Claims for injunctive or equitable relief
• Disputes concerning intellectual property rights
• Claims brought in small claims court if eligible

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional terms you have agreed to, constitute the entire agreement between you and PatternMatrix regarding the Services and supersede all prior and contemporaneous agreements and understandings.

15.2 Amendments

PatternMatrix reserves the right to amend these Terms at any time. Material changes will be communicated via email or prominent notice on our website. Your continued use of the Services constitutes acceptance of amended Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.

15.4 Waiver

The failure of PatternMatrix to enforce any right or provision does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

15.5 Relationship of Parties

You and PatternMatrix are independent contractors. These Terms do not create a partnership, joint venture, agency, or employment relationship.

15.6 Third-Party Beneficiaries

These Terms are for the benefit of you and PatternMatrix only. No third party has any rights or claims under these Terms except as expressly stated.

15.7 Force Majeure

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including natural disasters, war, terrorism, government actions, or pandemics.

15.8 Contact Information

For questions or concerns regarding these Terms, please contact: