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Terms of Service

Last updated January 27, 2025

Thank you for using AppSynergy by ParaSQL. This Software and Service is provided by ParaSQL LLC, a Florida limited liability company (referred to as ParaSQL, AppSynergy, Company, we, our, or us in these terms). These Terms of Service outline the Agreement between You (referred to as Customer, Client, you, or your in these terms) and us. These terms specify your rights and responsibilities when using our Software and Service, so please read them carefully.

Definitions

The term Software in this License Agreement refers to all JavaScript code, CSS files, Java byte-code, Java source code, HTML code, icons and related resources that are the Copyrighted property of Company.

The term Service in this License Agreement refers to the Software and the infrastructure on which it runs.

Your Account

You may need to create an account or accept an invite in order to use the Software. If you are using an account by accepting an invite, your legal relationship with the person sending the invite, or their employer, may affect that account.

In order to access certain Software you may be required to provide certain information (such as your name and email address) as part of the registration process for the Software, or as part of your continued use of the Software. You agree that any registration information you give to us will always be accurate and up to date.

If you create an application and share that application with other users, you are placing those users on your database account. You shall require your end users to comply with any applicable law and these terms. You will not knowingly enable your end users to violate applicable law or these terms.

Customer Applications

We do not acquire ownership in the applications you develop with the Software (Customer Applications), and you do not acquire ownership of any rights in our Software as a result of creating applications.

Customer Data

We do not acquire ownership in any of the data that you enter into the Service (Customer Data). We may use Customer Data and Customer Applications only to provide the Service to Customer and as needed to operate our business, including identifying and fixing problems in the Service, performance tuning, billing, problem resolution and similar uses.

Data Portability

We support data portability. We provide a variety of ways to both import and export your data. Please refer to the applicable technical documentation for details. You may also email support@parasql.com and request a dump of database at any time.

Customer Feedback

If you provide feedback or suggestions about our Software or Service, then we may use such information without obligation to you, and you hereby irrevocably assign to Company all right, title, and interest in that feedback or those suggestions.

Generative AI

In addition to this Agreement, use of and access to generative AI models made available through the Website ("Generative AI Services") are also subject to terms and conditions specified by the owner of the generative AI models. You agree that your use of these models will comply with the additional terms and conditions as specified on the Model Card for the generative AI models identified.

User Data shall be owned by you and is not retained or used by Company other than to perform the Generative AI Services hereunder. User Data includes any and all content generated by the Generative AI Services in response to a Prompt ("Outputs") as well as your Prompts. "Prompts" are defined as any and all instructions, queries or textual cues given by you to the Generative AI Services in order to generate an Output.

Company does not permanently retain Prompts or Output on its servers.

When you use the Generative AI Services, you provide Prompts that generate Outputs from a third party model. You are solely responsible for your use of the Prompts and the Outputs and for complying with the terms of use specified by the third party model owner. You shall only use Prompts to which you own all required rights under applicable law and do so in a manner that is consistent with the applicable law. You shall not intentionally make the Generative AI Services generate Outputs infringing intellectual property rights, third party rights or applicable law, or use such infringing Outputs after you become aware of such infringement.

You hereby represent that you own your Prompts. You retain all the rights, including but not limited to the intellectual property rights to Your Prompts. You grant Company a worldwide, revocable, non-exclusive, non-sublicensable, non-transferable right to use the Prompts for the purpose of performing the Generative AI Services, for the term of this Agreement.

Where applicable, Company assigns to you, all the intellectual property rights Company may have in the Outputs generated by your Prompts. This assignment is granted worldwide and for the entire legal term of protection of the Outputs by the intellectual property rights applicable as provided for by the applicable law. However, you are expressly prohibited to use the Outputs and/or any modified or derived version of the Outputs to (directly or indirectly) to reverse engineer any aspect of the Generative AI Services.

You acknowledge and agree that Generative AI Services are inherently subject to certain unpredictabilities, as such Outputs depend on your Prompt and the technology behind the Generative AI Services which is complex and continuously evolving.

FOR THE AVOIDANCE OF ANY DOUBT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE GENERATIVE AI SERVICES ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE QUALITY OR THE ACCURACY OF THE OUTPUTS. CONSEQUENTLY, YOU AGREE THAT THE OUTPUTS GENERATED BY GENERATIVE AI SERVICES MAY BE INCOMPLETE, NOT UP-TO-DATE OR NOT ENTIRELY CORRECT.

The Generative AI Services may sometimes provide inaccurate or offensive content that doesn't represent our views. You agree to use discretion before relying on or otherwise using Output provided by the Generative AI Services. Because neither we nor the model owners warrant that the Output generated will not be offensive, inappropriate or illicit, you are solely responsible for the use of the Output and you shall in no way use the Output for any illicit or unlawful purpose and/or to harm others.

HIPAA

Customers who are subject to HIPAA and wish to use our Software or Service with Protected Health Information (PHI) must enter into a Business Associate Agreement (BAA) with us. Customer is responsible for determining whether they are subject to HIPAA requirements and whether they use or intend to use Software or Service in connection with PHI. Customers who have not entered into a BAA with us must not use the Software or Service in connection with PHI.

Monitoring

We may monitor the use of the Software and Service to ensure quality, improve our products and services, and verify your compliance with these terms. You will not interfere with such monitoring.

Service Level Agreement

Certain plans or account types may be covered by a Service Level Agreement (SLA). If your plan or account type is covered by an SLA you can find the SLA terms here.

License Restrictions

When using the Software or Service, the following prohibitions apply:

  1. User accounts MUST be kept private to each individual user of the Software or Service and may not be shared amongst multiple users without the signed written consent of Company and an accompanying paid license modification.
  2. You will not attempt to circumvent the Software's licensing restrictions or security procedures in any fashion whatsoever. This includes, but is not limited to, a strict prohibition against the sharing of a single user account amongst multiple users regardless of whether or not such usage is concurrent. You may not use a "public" application to provide access to employees without an appropriate paid license modification.
  3. You will not view the Software source code in human readable format, nor may you transcribe, analyze, reverse engineer, decompile or otherwise study the Software source code.
  4. You will not perform an action with the intent of introducing to Company products and services any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
  5. You will not interfere with or disrupt the Service or the servers or networks providing the Software.
  6. Unless otherwise specified in writing by Company, we do not intend uses of the Software to create obligations under HIPAA, and makes no representations that the Software satisfies HIPAA requirements. If Customer is (or becomes) a Covered Entity or Business Associate, as defined in HIPAA, Customer will not use the Software for any purpose or in any manner involving Protected Health Information (as defined in HIPAA) unless Customer has received prior written consent from Company.

Quotes

All Quotes we provide to you in writing (including email) are valid for 30 days unless otherwise specified in writing.

Ownership of Applications Developed with Our Professional Services

If you choose to engage our professional services to develop or enhance any application, such engagement grants us unlimited, irrevocable, world wide, non-exclusive rights to reuse any portion of such application for any purpose whatsoever (including but not limited to our templates, modules, and applications for other customers). Evidence of engaging us for professional services for any given application will be shown by the existence of log records indicating that such application was shared by customer with us and Administrator rights were granted to us by customer.

Termination

You may stop using the Service at any time. If you want to terminate these terms, you must provide us with 7 days prior written notice and upon termination, cease your use of the Service. We reserve the right to terminate these terms or discontinue the Service or any portion or feature for any reason and at any time without liability or other obligation to you.

WARRANTIES

NEITHER COMPANY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SOFTWARE. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE SOFTWARE, ITS RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE SOFTWARE AND CONTENT ACCESSED THROUGH THE SOFTWARE ARE PROVIDED "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.

LIMITATION OF LIABILITY

WHEN PERMITTED BY LAW, COMPANY, AND COMPANY's SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SOFTWARE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SOFTWARE AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third party claim arising from or in any way related to: your misuse or your end user's misuse of the Software; or your violation or your end user's violation of these terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.

Modification

We may modify these terms or any additional terms occasionally, for example, to reflect changes to the law or changes to our Software or Service.

Compliance with Law

You will use our Software and Service only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the Software or Service to encourage or promote illegal activity.

Jurisdiction

The terms of this Agreement are governed by the laws of the State of Florida.