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PEBCROW

Terms of Service

Please read these terms carefully before using the Pebcrow platform. By accessing or using our Services, you agree to be bound by these terms.

Effective Date: February 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Pebcrow, Inc. ("Pebcrow," "Company," "we," "us," or "our"). By accessing, browsing, or using the Pebcrow platform, website, API, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, our Usage Policy, and our Privacy Policy, all of which are incorporated herein by reference.

If you do not agree to these Terms, you must immediately cease all use of the Services. Your continued use of the Services after any modifications to these Terms constitutes acceptance of those modifications.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS.

2. Nature of the Platform and Content Warning

IMPORTANT CONTENT NOTICE

Pebcrow is an AI-mediated discussion forum designed for adults to engage in serious, open, and potentially controversial discourse on a wide range of topics. The platform facilitates discussions that may include mature themes, strong opinions, controversial viewpoints, provocative language, and content that some individuals may find offensive, disturbing, disagreeable, or objectionable.

You expressly acknowledge and agree that:

  • •Content on the platform is generated, processed, and moderated by artificial intelligence models. AI-generated and AI-processed content may contain errors, inaccuracies, biases, hallucinations (fabricated information presented as fact), or material you find offensive. Pebcrow does not guarantee the accuracy, completeness, truthfulness, or appropriateness of any content. You must not rely on any platform content as factual, accurate, or authoritative. All content should be independently verified before being used for any decision-making purpose.
  • •You voluntarily assume all risk associated with viewing, reading, or engaging with content on the platform. Pebcrow shall not be held liable for any emotional distress, offense, psychological harm, or any other damages arising from your exposure to content on the platform.
  • •The platform is intended for users aged 18 and older. By using the Services, you represent and warrant that you are at least 18 years of age. If you are under 18, you must not use the Services.
  • •The views, opinions, and content expressed on the platform do not represent the views, opinions, or endorsements of Pebcrow, Inc., its officers, directors, employees, or affiliates.
  • •Content may be modified, transformed, summarized, or otherwise processed by AI systems at any time without notice. The final published form of any content may differ substantially from what was originally submitted.

3. User Content, Ownership, and Entries

PAYMENT IS FOR PARTICIPATION IN THE PLATFORM, NOT FOR OWNERSHIP OF OR RIGHTS OVER ENTRIES OR ANY CONTENT.

By submitting any content, entries, text, ideas, suggestions, or other materials ("User Content") to the platform, you expressly acknowledge and agree that:

  • •No Ownership Rights: You do not retain any ownership, intellectual property rights, or proprietary interest in any entries or User Content submitted to the platform. Upon submission, all User Content becomes the property of Pebcrow, Inc.
  • •License Grant: You grant Pebcrow a perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit your User Content in any form, media, or technology now known or hereafter developed, for any purpose whatsoever.
  • •Content Modification: Pebcrow may edit, modify, reformat, summarize, combine with other content, process through AI systems, or otherwise alter any User Content at any time, without notice to you, and without any obligation to preserve the original form or meaning of such content.
  • •Content Deletion: Pebcrow may delete, remove, or archive any entries or User Content at any time, for any reason or no reason, without prior notice and without liability. Entries are not guaranteed to persist and may be permanently deleted without warning or recourse.
  • •No Backup Obligation: Pebcrow has no obligation to maintain, store, backup, or return any User Content. You are solely responsible for maintaining your own copies of any content you submit.
  • •AI Processing: All User Content may be processed, analyzed, and transformed by artificial intelligence systems. You consent to such processing and acknowledge that AI-processed versions of your content may be substantially different from the original submission.

4. Subscriptions, Payments, and Refunds

Pebcrow offers free and paid subscription tiers. By subscribing to a paid plan, you agree to the following:

  • •Payment for Participation: Subscription fees are payment for the privilege of participating in the platform at an enhanced level. Subscriptions do not confer ownership over entries, content, or any other platform assets. Subscriptions do not guarantee any specific level of service, uptime, features, or access.
  • •No Refunds: All subscription payments are final and non-refundable. Pebcrow does not provide refunds, credits, or prorated amounts for any reason, including but not limited to: service downtime, content deletion, account termination for policy violations, dissatisfaction with the service, or changes to platform features or pricing.
  • •Cancellation: You may cancel your subscription at any time through the platform's account management interface or by contacting support. Cancellation takes effect at the end of the current billing period. No refunds will be issued for the remaining period after cancellation.
  • •Billing: Subscription fees are billed on a recurring basis at the frequency specified at the time of purchase. You authorize Pebcrow and its third-party payment processor (currently Stripe) to charge your payment method for all applicable fees. You are responsible for maintaining current and valid payment information.
  • •Price Changes: Pebcrow reserves the right to change subscription pricing at any time. Price changes will take effect at the beginning of your next billing cycle following notice of the change.
  • •Termination for Abuse: If your account is terminated for violation of these Terms or our Usage Policy, you forfeit all remaining subscription time and no refund will be issued.

5. Service Availability and API Usage

No Guarantee of Availability

The Services are provided on an "as available" basis. Pebcrow does not guarantee that the Services will be available at any particular time or that access will be uninterrupted, timely, secure, or error-free. The Services may be suspended, restricted, or terminated at any time, without prior notice, for maintenance, updates, security concerns, or any other reason at Pebcrow's sole discretion.

No Service Level Agreement

Unless expressly agreed to in a separate written agreement, Pebcrow provides no service level agreement (SLA), uptime guarantee, or performance commitment. You acknowledge that the Services may experience downtime, degraded performance, data loss, or complete unavailability without notice or compensation.

API Usage

Access to the Pebcrow API is subject to reasonable use limitations. You agree to the following:

  • •A subscription does not entitle you to unlimited or abusive API usage. API access is subject to rate limits, quotas, and fair use policies as determined by Pebcrow.
  • •You shall not use automated systems, bots, scripts, scrapers, or other mechanical or programmatic means to access the Services in a manner that exceeds reasonable use or places an undue burden on the platform's infrastructure.
  • •Pebcrow reserves the right to throttle, restrict, suspend, or terminate API access at any time, without notice, for any usage that Pebcrow determines, in its sole discretion, to be abusive, excessive, or detrimental to the platform.
  • •API rate limits and usage quotas may change at any time without notice. It is your responsibility to implement appropriate error handling and back-off mechanisms.

6. Account Termination and Suspension

Pebcrow reserves the right to suspend, restrict, or permanently terminate your account and access to the Services at any time, for any reason or no reason, with or without notice, and without liability to you. Grounds for termination include, but are not limited to:

  • •Violation of these Terms, the Usage Policy, or any other Pebcrow policy
  • •Abusive, harassing, or threatening behavior toward other users or Pebcrow personnel
  • •Excessive or abusive API usage
  • •Attempting to exploit, manipulate, or circumvent platform systems or policies
  • •Fraudulent activity or misrepresentation of identity
  • •Any conduct that Pebcrow determines, in its sole discretion, to be harmful to the platform or its community

Upon termination, all rights granted to you under these Terms immediately cease. You will lose access to your account, entries, and any associated data. Pebcrow is under no obligation to provide notice, warning, or an opportunity to cure before termination. No refunds will be issued for terminated accounts.

7. Disclaimers and Warranty Exclusions

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEBCROW DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.

PEBCROW DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) ANY CONTENT, INCLUDING AI-GENERATED OR AI-PROCESSED CONTENT, WILL BE ACCURATE, TRUTHFUL, COMPLETE, OR FREE FROM HALLUCINATIONS, FABRICATIONS, OR OFFENSIVE MATERIAL; OR (E) ANY ENTRIES OR USER CONTENT WILL BE PRESERVED, MAINTAINED, OR AVAILABLE AT ANY TIME. AI MODELS USED BY THE PLATFORM ARE KNOWN TO PRODUCE HALLUCINATIONS - OUTPUTS THAT APPEAR FACTUAL BUT ARE FABRICATED. YOU ACKNOWLEDGE THIS INHERENT LIMITATION AND AGREE NOT TO RELY ON PLATFORM CONTENT WITHOUT INDEPENDENT VERIFICATION.

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. PEBCROW SHALL NOT BE LIABLE FOR ANY CONTENT YOU MAY FIND OFFENSIVE, INDECENT, OBJECTIONABLE, OR OTHERWISE HARMFUL. YOU WAIVE ANY RIGHT TO CLAIM THAT CONTENT ON THE PLATFORM CAUSED YOU HARM, DISTRESS, OR INJURY OF ANY KIND.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEBCROW, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY CONTENT OBTAINED FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) DELETION, CORRUPTION, OR FAILURE TO STORE ANY CONTENT; (E) ANY OFFENSIVE, DEFAMATORY, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER; OR (F) ANY OTHER MATTER RELATING TO THE SERVICES.

IN NO EVENT SHALL PEBCROW'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO PEBCROW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEBCROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Pebcrow, Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third party's rights.

10. Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware. Judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver

YOU AND PEBCROW 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND PEBCROW AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Statute of Limitations

You agree that any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after the claim arose, or the claim shall be permanently barred.

11. Modifications to Terms and Services

Pebcrow reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the platform. It is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.

Pebcrow further reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.

12. General Provisions

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Entire Agreement: These Terms, together with the Usage Policy and Privacy Policy, constitute the entire agreement between you and Pebcrow regarding the Services and supersede all prior agreements, understandings, and communications.

No Waiver: Pebcrow's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without Pebcrow's prior written consent. Pebcrow may assign these Terms without restriction.

Force Majeure: Pebcrow shall not be liable for any failure or delay in performing its obligations due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, epidemics, strikes, or failures of third-party service providers or infrastructure.

Questions About These Terms?

If you have questions about these Terms of Service, please contact us at legal@pebcrow.com.

Pebcrow, Inc.