Terms of Service

Summary

Elementree Inc. has developed an application called Pensieve.ai (also called Pensieve in this Agreement) and we would love for you to use it. Pensieve is a productivity tool that allows you to access all your data from one convenient place. This includes being able to search all your tools as well as local content from a simple, intuitive UI, as well as having a place to add your notes and reminders so that you have instant access to them. The basic service is free and we are working on the specifics of the paid plans we would offer. While we do not currently have plans to do so, Elementree Inc. reserves the right to display advertisements to you unless you have purchased a plan that includes the removal of ads.

Terms of Service

The following terms and conditions (“Terms”) govern all use of the Pensieve.ai website and all content, services, and products available at or through the website, including, but not limited to the Pensieve desktop application, (taken together, our “Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Elementree Inc. Privacy Policy) and procedures that may be published from time to time by Elementree Inc. (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Elementree Inc., acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union). Use of our Services requires a Pensieve.ai account (currently created using Google federated login). You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Pensieve.ai (also called Pensieve below)

Description

Pensieve is a productivity tool that allows you to access all your online data from one convenient place. This includes being able to search third party services as well as local content from a simple, intuitive UI, as well as having a place to add your notes and reminders so that you have instant access to them.

Storage of Information

Memories created in Penieve are stored on our servers. You are solely responsible and liable for any content you store on Pensieve.ai

Third Party Integrations

We receive oauth tokens for any third party integrations that you add so that we can issue search queries on your behalf. These tokens are NOT stored on our servers, but stored encrypted on your machine. This means that if you install Pensieve on a new machine, you would need to reauthorize third party integrations. When you remove an integration, we delete the token associated with it from your machine. It is your responsibility to inform us immediately if your device is lost or stolen so that we can we can take the appropriate steps to protect your account.

Account

You are responsible for maintaining the security of your account. You must immediately notify Elementree Inc. of any unauthorized uses of your account, or any other breaches of security. Elementree Inc. will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Advertisements

While we do not currently have plans to do so, Elementree Inc. reserves the right to display advertisements to you unless you have purchased a plan that includes the removal of ads.

Intellectual Property

This Agreement does not transfer from Elementree Inc. to you any Elementree Inc. or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Elementree Inc.. Elementree Inc., Pensieve.ai, the Pensieve logo, and all other trademarks, service marks, graphics and logos used in connection with Pensieve.ai or our Services, are trademarks or registered trademarks of Elementree Inc. or Elementree Inc.’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Elementree Inc. or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

Elementree Inc. may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pensieve.ai account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” Elementree Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Elementree Inc. nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Limitation of Liability

In no event will Elementree Inc., or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elementree Inc. under this Agreement during the twelve (12) month period prior to the cause of action. Elementree Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that your use of our Services:

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Elementree Inc. reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless Elementree Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between Elementree Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elementree Inc., or by the posting by Elementree Inc. of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Elementree Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.