Terms of Service

Effective Date: April 30, 2025

These Terms of Service ("Terms") govern your access to and use of the Panache Progressive Web App (PWA) and its related services (collectively, the "Service"), operated by Panache Technologies. Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Description of Service

Panache is a conversational AI assistant PWA designed to help users explore challenges and strategies through guided interactions. The Service utilizes AI models provided by Google Cloud Platform (Vertex AI, specifically Gemini models) accessed via Firebase Cloud Functions.

3. User Accounts

To access the Service, you must register for an account using Google Sign-In via Firebase Authentication. You are responsible for safeguarding your Google account access and for any activities or actions under the Panache account linked to your Google identity. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

4. User Conduct

You agree not to use the Service:

5. Content

Our Service allows you to submit text and audio messages, and interact with AI agents, generating conversational content (collectively, "Content") which is stored in your account's designated area within our Firestore database.

You are responsible for the Content that you submit to the Service, including its legality, reliability, and appropriateness. By submitting Content, you grant Panache Technologies the necessary rights to process, store, and use this Content solely for the purpose of operating, providing, and improving the Service (e.g., passing text to the AI model, transcribing audio, displaying history). You retain any and all of your rights to your Content and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours or you have the right to submit it and grant us the rights and license as provided in these Terms, and (ii) the submission of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

We reserve the right, but not the obligation, to monitor and remove any Content that violates these Terms or is otherwise objectionable, in our sole discretion.

6. Intellectual Property

The Service and its original content (excluding Content provided by users), features, functionality, branding (including the name "Panache" and associated logos) are and will remain the exclusive property of Panache Technologies and its licensors. The Service is protected by copyright, trademark, and other laws of France and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Panache Technologies.

7. AI Limitations and Disclaimers

The AI responses provided by the Service are generated by large language models (Google Cloud Vertex AI - Gemini). While we strive to provide helpful and accurate information, the AI may generate incorrect, incomplete, or biased responses. You should not rely solely on the AI for critical decisions or professional advice (e.g., medical, legal, financial). Use the AI's output as a starting point for your own thinking and verification.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PANACHE TECHNOLOGIES MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.

8. Limitation of Liability

In no event shall Panache Technologies, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

9. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service or contact us to request data deletion according to our Privacy Policy.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Paris, France for any disputes arising out of or relating to these Terms or the Service.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide reasonable notice prior to any new terms taking effect, for example by posting a notification within the Service or sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

12. Contact Us

If you have any questions about these Terms, please contact Panache Technologies at: contact@panache.plus

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