Licenses

1.1 "Service" means the Permadata software, website, and related services provided by Permadata.

1.2 "User" or "you" means any individual or entity that uses the Service.

1.3 "Free Tier" means the no-cost version of the Service with limited functionality.

1.4 "Basic Plan" means the paid subscription tier with standard features.

1.5 "Pro Plan" means the premium paid subscription tier with advanced features.

1.6 "Content" means any data, information, or material that you store or process using the Service.

2.1 Free Tier License. Subject to the terms of this Agreement, Permadata Baja Well grants you a limited, non-exclusive, non-transferable, revocable license to use the Free Tier of the Service for personal, non-commercial purposes only. The Free Tier includes:

2.2 Basic Plan License. Subject to the terms of this Agreement and payment of applicable subscription fees, Permadata Baja Well grants you a limited, non-exclusive, non-transferable license to use the Basic Plan of the Service for both personal and commercial purposes. The Basic Plan includes:

2.3 Pro Plan License. Subject to the terms of this Agreement and payment of applicable subscription fees, Permadata Baja Well grants you a limited, non-exclusive, non-transferable license to use the Pro Plan of the Service for both personal and commercial purposes. The Pro Plan includes:

3.1 Except as expressly permitted by this Agreement or by applicable law, you may not:

3.2 Free Tier Specific Restrictions. If you are using the Free Tier, you may not:

4.1 Subscription Fees. Access to the Basic and Pro Plans requires payment of subscription fees as specified on our website. All fees are exclusive of taxes unless otherwise stated.

4.2 Billing Cycle. Subscription fees are billed in advance on either a monthly or annual basis, depending on the billing cycle you select when purchasing a subscription.

4.3 Automatic Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.

4.4 Refunds. Refunds are provided in accordance with our refund policy as stated in our Terms of Service.

4.5 Price Changes. Permadata reserves the right to change subscription fees at any time. Any price changes will take effect at the start of the next billing cycle.

5.1 Free Tier Storage. Data in the Free Tier is stored locally on your device only. Permadata does not maintain backups of your local data.

5.2 Paid Tier Storage. Data in the Basic and Pro Plans is stored both locally on your devices and in our cloud infrastructure to enable syncing features.

5.3 Security Measures. Permadata implements reasonable security measures to protect your data, but we cannot guarantee absolute security.

5.4 Data Backup. You are responsible for maintaining your own backups of important data. Permadata does not guarantee against data loss.

6.1 Term. This Agreement remains in effect until terminated by either you or Permadata.

6.2 Termination by You. You may terminate this Agreement at any time by canceling your subscription and ceasing all use of the Service.

6.3 Termination by Permadata. Permadata may terminate this Agreement at any time for any reason, including but not limited to:

6.4 Effect of Termination. Upon termination:

7.1 THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7.2 PERMADATA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

7.3 PERMADATA SPECIFICALLY DISCLAIMS ANY WARRANTY REGARDING DATA LOSS. YOU ACKNOWLEDGE THAT DATA LOSS MAY OCCUR DUE TO VARIOUS FACTORS, AND YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS.

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERMADATA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

8.2 PERMADATA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERMADATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

9.2 Dispute Resolution. Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association.

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

9.4 Entire Agreement. This Agreement constitutes the entire agreement between you and Permadata regarding the Service and supersedes all prior agreements and understandings, whether written or oral.

9.5 Amendments. Permadata reserves the right to modify this Agreement at any time. We will notify you of any material changes by posting the new Agreement on our website or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the modified Agreement.

9.6 Waiver. The failure of Permadata to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

9.7 Assignment. You may not assign or transfer this Agreement without the prior written consent of Permadata. Permadata may assign or transfer this Agreement without your consent.