Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, products, and services provided by Polymorph, Inc. (“Polymorph,” “we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization.

Eligibility and accounts

You must be at least 18 years old to use the Services. If your access involves an account, you are responsible for keeping your credentials secure and for all activity that occurs under your account.

Acceptable use

You agree not to:

• Use the Services in violation of any law or regulation.
• Interfere with, disrupt, or attempt to gain unauthorized access to the Services or related systems.
• Reverse engineer or copy any part of the Services except as permitted by law.
• Use the Services to store or transmit malicious code or to infringe the rights of others.

Customer data and intellectual property

As between you and Polymorph, you retain all rights to the data and content you submit through the Services (“Customer Data”). You grant us a limited license to process Customer Data solely to provide and improve the Services. We and our licensors retain all rights in the Services, including all related software, designs, and trademarks. We may use aggregated and de-identified data that does not identify you to operate and improve the Services.

Fees

If you purchase a paid plan, you agree to pay the applicable fees described at the time of purchase. Unless stated otherwise, fees are non-refundable and exclusive of taxes.

Confidentiality

Each party may have access to the other’s confidential information. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as needed to perform under these Terms.

Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error free.

Limitation of liability

To the maximum extent permitted by law, Polymorph will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, or data. Our total liability arising out of or related to the Services will not exceed the greater of the amounts you paid to us in the twelve months before the claim or one hundred US dollars.

Indemnification

You agree to indemnify and hold Polymorph harmless from claims, damages, and expenses arising out of your use of the Services or your violation of these Terms, to the extent permitted by law.

Term and termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access if you violate these Terms or if we discontinue the Services. You may stop using the Services at any time. Provisions that by their nature should survive termination will survive.

Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice as appropriate. Your continued use of the Services after changes take effect constitutes acceptance.

Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. The exclusive venue for any dispute will be the state and federal courts located in San Francisco County, California.

Contact us

Questions about these Terms can be sent to founders@usepolymorph.com.