Usage Agreement

Welcome to Fifth Promo Pro, a service provided by Fifth Sterling Inc. By accessing or using the Service via our website at http://fifthpromopro.com, you agree to abide by this Usage Agreement. Our platform is designed to facilitate seamless interaction and productivity, and we expect users to adhere to certain guidelines to maintain a positive experience for everyone. Please read this agreement carefully before proceeding. Your use of the Service constitutes acceptance of these terms and conditions.

At Fifth Promo Pro., we are committed to ensuring the safety and security of our users while providing a conducive environment for collaboration and creativity. This Usage Agreement outlines the rights and responsibilities of both users and the company. By agreeing to these terms, you acknowledge that you have read, understood, and agreed to comply with the rules and regulations set forth herein.

Failure to comply with this Usage Agreement may result in the suspension or termination of your account, as well as legal action where necessary. We reserve the right to modify or update these terms at any time without prior notice. It is your responsibility to review this agreement periodically to stay informed of any changes. Continued use of the Service after such modifications constitutes acceptance of the revised terms.

Confidentiality Policy

Respecting user privacy is a core value at Fifth Sterling Inc. Our Confidentiality Policy is designed to explain how we collect, use, and protect your personal information when you use our services. We are committed to maintaining the confidentiality and security of your data and have implemented robust measures to safeguard your privacy.

When you create an account on Fifth Promo Pro, certain personal information is collected for account creation and service delivery purposes. This may include your name, email address, and other relevant details. Rest assured that we do not share your information with third parties without your consent, except as required by law or as necessary to provide our services effectively.

By using Fifth Promo Pro, you consent to the collection and processing of your personal data as described in our Confidentiality Policy. We encourage you to review this policy carefully to understand how your information is handled. If you have any questions or concerns about your privacy or data security, please contact us at [email protected].

Account Creation

Upon registration at http://fifthpromopro.com, a unique user account is automatically created for you. This account is intended solely for your personal use and is non-transferable. By creating an account, you gain access to a wide range of features and functionalities designed to enhance your experience on our platform.

We take the security of your account seriously and employ various measures to protect it from unauthorized access. However, you are responsible for safeguarding your login credentials and ensuring the confidentiality of your account information. If you suspect any unauthorized activity or believe that your account has been compromised, please notify us immediately.

You have the right to terminate your account at any time if you no longer wish to use our services. Simply follow the instructions provided on our website to deactivate your account. Please note that account termination may result in the permanent loss of your data, so we recommend downloading any important information before proceeding.

Usage Restrictions

Your access to and use of the Service is subject to certain restrictions on behavior and conduct. These restrictions are in place to ensure a safe, respectful, and productive environment for all users. By using the Service, you agree to abide by the following guidelines:

1. Do not create or share content that violates any laws or regulations, including but not limited to content that is defamatory, fraudulent, or infringes on intellectual property rights.

2. Respect the rights and privacy of others. Do not engage in harassing, abusive, or harmful behavior towards fellow users or third parties.

3. Do not attempt to access another user's account without proper authorization. Protect your login credentials and report any suspicious activity immediately.

4. Refrain from disrupting or attempting to disrupt the proper functioning of the Service. This includes but is not limited to engaging in spamming, hacking, or other malicious activities.

5. Do not circumvent measures designed to restrict access to the Service or manipulate the Service or its data using unauthorized means.

6. Do not post or link to malicious content aimed at damaging another user's device or browser.

Usage Policy

The Service allows you to build a brain containing pre-defined content ("Default Content"). While you may use the Default Content for your own brain, you agree to adhere to the following guidelines:

- Do not directly copy, sell, distribute, or commercially exploit the Default Content without the Company's consent.
- Do not use Default Content to operate a competing business or to create a collection or database without written permission from Fifth Sterling Inc.

You can customize the brain with specific questions and answers ("User Content") for display to your users. You are solely responsible for the User Content you input via the Service. Although the Company acts as a conduit for distributing your User Content, we reserve the right to remove any content at our discretion.

By inputting User Content, you agree that:

- You are responsible for all activities conducted through your account.
- You will not submit copyrighted or proprietary content unless you have permission from the rightful owner.
- We have the right to review, remove, or modify any User Content and may terminate your account for violations of these Terms.

You acknowledge that any liability arising from your User Content is solely your responsibility. While the Company will not disclose identifiable User Content to third parties, we are not liable for the misuse or public display of your content by other users. We do not actively monitor all User Content but may do so at our discretion.

Data Security and Availability

We employ reasonable measures to safeguard User Content against unauthorized access, loss, or disclosure. User Content, including dialogue logs, will be stored for a duration determined solely by the Company. We may delete logs, either partially or entirely, at our discretion with or without prior notice.

We will only access or use User Content when necessary to maintain, enhance, or deliver the Service, or to comply with legal obligations or governmental orders. User Content will not be disclosed to any third party unless required by law or governmental order.

We commit to providing the Service with at least 99% availability,
Exceptions to this uptime include:

Service use posing a security risk, being fraudulent, or unlawful.
Events beyond our control, such as force majeure.
Actions or inactions on your part impacting Service operation.
Failures due to third-party equipment, software, or technology not under our control.
Non-adherence to required Service configurations or breach of Fifth Sterling Inc's terms.
Non-payment of charges.
Illegal or unlawful use of the Service.

If you believe the Service Guarantee is not met in a given month, you may file a claim. Claims must include:

Detailed incident description.
Date, time, and duration of the Downtime.
Information on affected instances.
Any other information requested to support the claim.

Claims must be submitted within thirty (30) days of the incident. Failure to do so waives your right to claim any rebate. Upon receiving a claim, we will review and evaluate it, possibly requiring joint investigation. We will determine, in good faith, if a Service Credit is warranted and inform you promptly. Service Credit, in the form of extended service time, is only available to paid customers. No monetary credits are provided, and free users are not eligible for service credit.

Pricing and Payment Terms

The Company retains the right to establish and modify the Service's pricing policy. Users are responsible for timely payment of all applicable charges and fees. Delayed payments may lead to Service termination.

Content Disclaimer

The Service may display opinions, advice, statements, or other content from various sources, including users and automated algorithms. Content provided by users represents their views and the Company assumes no responsibility for its accuracy or reliability. Content generated by the robot is algorithmically produced, and the Company does not guarantee its accuracy or completeness.

The Company is not liable for any User Content inputted into the Service by you, other users, or third parties. We do not endorse or adopt the views expressed by users or the robot. Reliance on such content is at your own risk, and the Company is not responsible for any resulting loss or damage.

External Links and Resources

The Service may include links to third-party websites ("Third Party Sites") and content from third parties ("Third Party Applications, Software, or Content"). These links are provided for convenience and do not signify our endorsement or responsibility for these sites or content.

We have no control over Third Party Sites or Third Party Applications, Software, or Content. The Company is not responsible for the accuracy, appropriateness, or completeness of these third-party resources. Accessing Third Party Sites or using Third Party Applications, Software, or Content is at your own risk, and their terms and policies will apply. We encourage you to review their terms, including privacy practices, before interacting with these sites or using their applications.

Ownership Rights

You acknowledge that all intellectual property rights related to the Service, including copyrights, trademarks, and other proprietary rights, are owned by us or our licensors. Any product or company names mentioned on the Service may be trademarks owned by their respective owners. We reserve all rights not explicitly granted to you under this Agreement.

Liability Limitations and Release

Subject to applicable law, the Company, its affiliates, directors, employees, licensors, and partners shall not be liable to you for any indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, data, or use, arising from:

(A) The display or use of your User Content;
(B) Your access to or inability to access the Service;
(C) The Service itself or the underlying software and systems;
(D) Any interactions with the Company or other Service users.

This limitation applies whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, and even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

If you have a dispute with another user of the Service, you release us, our officers, directors, agents, subsidiaries, joint ventures, and employees from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Usage Guidelines

As a valued member of the Fifth Promo Pro community, we trust you to adhere to our Usage Guidelines to ensure a positive experience for all users. Our guidelines cover a wide range of topics, including appropriate conduct, content usage, and community engagement. By following these guidelines, you contribute to the creation of a supportive and respectful environment where everyone can thrive.

We encourage you to explore our Usage Guidelines thoroughly to understand your rights and responsibilities as a member. From promoting ethical behavior to fostering inclusivity, these guidelines serve as a blueprint for constructive participation. Should you have any questions or concerns regarding our Usage Guidelines, please don't hesitate to reach out to our support team for clarification and assistance.

Member Agreement

As a member of the Fifth Promo Pro community, you enter into a mutual agreement with us to uphold the principles of integrity, professionalism, and collaboration. Our Member Agreement outlines the terms and conditions governing your membership and interaction with our platform. By becoming a member, you signify your commitment to abide by these terms and contribute positively to our community.

Our Member Agreement covers various aspects, including user rights, obligations, and dispute resolution mechanisms. By agreeing to these terms, you affirm your understanding of the expectations placed upon you as a member and your willingness to comply with them. We value your participation and look forward to building a mutually beneficial relationship based on trust and respect.

Terms Modification

We may modify these Terms of Use at any time and will update the terms accordingly. It is your responsibility to review the Site periodically for any changes. Your continued use of the Site signifies your acceptance of the revised terms. Material changes to these terms will be communicated through a notice on our homepage and/or an email to the address you provided during registration. Ensure your contact and profile information is up to date. Any changes or waivers to these Terms must be in writing and signed by an officer of the Company. No other method of communication, including phone or email, will constitute a valid modification or waiver of these Terms.

General Provisions

If any provision of this Agreement is deemed invalid or unenforceable, that part will be interpreted in a manner consistent with applicable laws to reflect the original intent, while the remaining provisions will remain valid and enforceable. The Company's failure to enforce any part of this Agreement does not waive our right to enforce that provision in the future. Our rights under this Agreement remain in effect even after termination.

Any legal claim or cause of action arising from or related to your relationship with the Company must be filed within one year after such claim or cause of action arose, or it will be permanently barred.

The Company reserves the right to assign or transfer these Terms of Service and/or the Company's Privacy Policy, in whole or in part, to any entity without requiring your consent. You may not assign or transfer any rights or obligations under these terms without the Company's prior written consent.

Acceptance of Terms

You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also acknowledge that these Terms of Use, along with the Privacy Policy, constitute the entire agreement between you and the Company, superseding any prior oral or written agreements, proposals, or communications between us regarding the subject matter herein.