Terms of Service

1. Acceptance of These Terms

By creating an account, integrating any SDK, or otherwise accessing the Services (defined below) you irrevocably accept this Agreement without limitation or qualification. Your sole remedy for dissatisfaction with the Services is to stop using them.

2. Definitions

“Pinnacle,” “we,” “us.” Pinnacle Software Development Inc., a Delaware corporation.

“Services.” All websites, APIs, SDKs, webhooks, dashboards, AI tools, documentation and support that we make available, whether paid or free.

“Customer,” “you.” Any person or entity that uses or tries to use the Services.

“Content.” Any data, text, media, code, or other material submitted to or transmitted through the Services.

3. Eligibility & Account Security

You affirm that you are at least 18 years old and legally able to enter a contract. You are solely responsible for maintaining the security of your credentials and for all activity occurring under your account.

4. Permitted Use & Limited Licence

We grant you a revocable, non-exclusive, non-transferable, royalty-free licence to access the Services solely for your internal business purposes. We may revoke this licence at any time, for any reason or no reason.

5. Compliance, Acceptable-Use & Customer Liability

You must obtain legally valid opt-in consent before sending any message and comply with the CTIA Messaging Principles, the TCPA, CAN-SPAM, SHAFT, and all similar laws worldwide.

5.1 Sole Responsibility.

You bear exclusive responsibility for all traffic, Content and campaign outcomes.

5.2 Fines & Penalties.

You are liable for every fine, penalty, surcharge or cost-recovery fee imposed by any regulator, carrier or trade group, even if assessed against Pinnacle; you will reimburse Pinnacle within 15 days of notice for any amount we pay on your behalf plus reasonable costs of collection.

6. Fees, Billing & Taxes

All fees are due as stated in your dashboard or order form, exclusive of taxes. Late amounts accrue interest at 1.5 % per month or the maximum allowed by law, whichever is higher.

7. Service Availability (Non-Binding Objective)

We aim for 99.9 % monthly uptime, but this objective is aspirational only and creates no warranty, service credit, or other obligation.

8. Intellectual-Property Ownership

Pinnacle owns all right, title and interest in the Services. You own your Content but grant Pinnacle a worldwide, perpetual licence to host, copy, transmit, modify and display it to operate and improve the Services.

9. Privacy

Personal data is handled in accordance with our separate privacy policy. You represent that you have secured all necessary consents and will not transmit sensitive data unless required by law and properly encrypted.

10. No Warranty

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” PINNACLE DISCLAIMS EVERY WARRANTY—express, implied, statutory or otherwise—INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.

11. Absolute Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• (a) PINNACLE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.
• (b) PINNACLE’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS — OF ANY KIND — IS ZERO DOLLARS (US $0).
• (c) Where a jurisdiction does not allow the exclusion of certain warranties or the limitation of liability for consequential or incidental damages, our liability is limited to the minimum amount permissible by law.

12. Indemnification by Customer

You shall defend, indemnify and hold harmless Pinnacle, its officers, directors, employees, agents and affiliates from any claim, loss, damage, liability, cost or expense (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Services; (ii) your breach of these Terms; or (iii) your Content or communications.

13. Suspension & Termination

We may suspend or terminate the Services, your access, or this Agreement at any time with or without notice. Upon termination, Sections 5 through 19 survive and your licence automatically ends.

14. Modifications

We may amend these Terms at any time by posting an updated version. Continued use of the Services after modifications constitutes acceptance of the revised Terms.

15. Export & Sanctions

You agree to comply with all applicable export-control and sanctions regulations.

16. Governing Law & Mandatory Arbitration

These Terms are governed by Delaware law (excluding conflict rules). Any dispute shall be resolved exclusively by binding arbitration under the American Arbitration Association in San Francisco, California. You waive any right to class actions or jury trials.

17. General Provisions

These Terms constitute the entire agreement between you and Pinnacle and supersede all prior agreements. If any provision is held unenforceable, the remainder remains in effect. You may not assign these Terms without Pinnacle’s prior written consent; Pinnacle may assign freely.