Terms of use

Effective date: October 26, 2024

These Terms of Use (the "Terms") govern your access to and use of the Breakout website located at https://www.getbreakout.ai (the "Website"), the Breakout application located at https://dashboard.getbreakout.ai (the "App"), and all related services, features, content, and tools (collectively, the "Services") provided by Meaku, Inc. d/b/a Breakout ("Breakout," "we," "us," or "our").

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of1 a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree to these Terms,2 do not access or use the Services.

2. Changes to Terms

We may update these Terms from time to time. We will notify you of any material changes by posting the updated Terms3 on the Website and/or within the App. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of those changes.

3. Eligibility and Account Registration

Business Use Only: The Services are intended for business use only. You must be a business or acting on behalf of a business to use the Services.
Age Requirement: You must be at least 18 years old to use the Services.
Account Registration: To access certain features of the Services, you may be required to register for an account. You agree to provide4 accurate and complete information when registering for an account and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of5 your account credentials and are6 responsible for all activities that occur under your account. You must notify us immediately of any unauthorized access to or use of your account.

4. Use of Services

License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use8 the Services solely for your internal business purposes.
Restrictions: You agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Impersonate any person or entity or misrepresent your affiliation with a person or entity.
- Interfere with or disrupt9 the operation of the Services or the servers or networks connected to the Services.
- Attempt to gain unauthorized access to10 any part of the Services or any other user's account.
- Use any automated means (such as robots, spiders, or scrapers) to access or collect data from the Services.
- Reverse engineer, decompile, or disassemble any part of the Services.
- Sell, resell, rent, lease, or sublicense access to the Services.
- Use the Services in any manner that infringes on our intellectual property rights or the intellectual property rights of others.
Customer Data: You are solely responsible for the data you input into the Services ("Customer Data"). You represent and warrant that you have all necessary rights and permissions to use and process Customer Data in connection with the Services. You grant Breakout the right to process Customer Data solely for the purpose of providing and improving the Services. Breakout acts as a data processor with respect to Customer Data.
Acceptable Use: You agree to comply with our Acceptable Use Policy, which is incorporated into these Terms by reference.

5. Intellectual Property

Our Content: All content included in the Services, such as text, graphics, logos, images, software, and trademarks, is the property of Breakout or its licensors and is protected by copyright and other intellectual property laws.
Your Content: You retain all rights to your Customer Data. However, by submitting Customer Data to the Services, you grant us a non-exclusive, worldwide, royalty-free license to use, process, and display Customer Data solely for the purpose of providing and improving the Services.

6. Confidentiality

You agree to keep confidential any information you obtain through the Services that is not publicly available.

7. Disclaimer of Warranties

The services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that the services will be uninterrupted, error-free, or secure. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Limitation of Liability

To the fullest extent permitted by law, we will not be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the services, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or related to these terms or the services will not exceed the amount you have paid us for the services in the 12 months preceding the claim.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including attorneys' fees) arising out of or related to your use of the Services, your Customer Data, or your breach of these Terms.

10. Termination

We may terminate these Terms or your access to the Services at any time, with or without cause, by providing notice to you. You may terminate these Terms by ceasing to use the Services. Upon termination, your right to use the Services will immediately cease.

11. Governing Law and Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any dispute arising out of or related to these Terms will be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

12. Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings, whether written or oral.

13. Contact Us

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

Meaku, Inc.

978 Cera Dr,

San Jose

CA 95129

privacy@getbreakout.ai