PRODUCTNOW, INC - Terms of service

Kadhir Mani

(24 minutes)

<section data-section-id='965ae3d1-94b5-4340-b43d-60b7a6c02cf7'><h2 id="preamble-amp-section-1-our-services">Preamble & Section 1: Our Services</h2>Last modified: June 3, 2026 ProductNow, Inc. (“ProductNow”, “we”, “us”, or “our”) has made these Terms of Service (the “Agreement”) available to explain the terms and conditions by which you (“Customer” or “you”) may access and use ProductNow’s AI-powered assistant platform for product organizations (the “ProductNow Services”). If you are accessing or using ProductNow Services on behalf of your company, you represent that you are authorized to accept this Agreement on behalf of your company, and all references to “you” or “Customer” reference your company. You must read this Agreement carefully as it governs your use of ProductNow Services. By accessing or using ProductNow Services, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use ProductNow Services and should not use ProductNow Services. <h2>1. Our Services</h2> 1.1 ProductNow Services. Subject to your compliance with the terms and conditions of this Agreement, ProductNow hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the ProductNow Services. You will comply with this Agreement and all applicable laws when using ProductNow Services. We and our affiliates own all rights, title, and interest in and to ProductNow Services, including the underlying technology and intellectual property rights therein. 1.2 User Content. You retain all right, title, and interest in and to (a) any data, text, specifications, instructions, or other materials that you or your users input into the ProductNow Services (“User Input”) and (b) all product requirement documents, drafts, reports, or other content generated by or through the ProductNow Services based on such User Input, excluding any ProductNow Materials (“Output”, together with User Input, “User Content”). Subject to your compliance with this Agreement and to the extent ProductNow acquires any right in any User Content, ProductNow hereby assigns to you all its right, title and interest in and to your User Content. ProductNow may use your User Content to:<ul><li value="1">provide the ProductNow Services on your behalf;</li><li value="2">develop, train, evaluate, improve, operate, maintain, and support our products, services, artificial intelligence systems, machine learning models, algorithms, and related technologies;</li><li value="3">comply with applicable law; and</li><li value="4">enforce our policies.</li></ul>You are responsible for all User Content, including for ensuring that it does not violate any applicable law or this Agreement. 1.3 Similar Output. Due to the nature of machine learning, Output may not be unique across users and ProductNow may generate the same or similar output for a third party. Other users may also provide similar User Input and receive the same or similar Output. Output requested by and generated for other users is not considered yours. 1.4A AI Output Disclaimer. Customer acknowledges that ProductNow Services use artificial intelligence and machine learning technologies that may produce inaccurate, incomplete, outdated, or incorrect outputs. Customer is solely responsible for reviewing and validating all outputs before relying on them. ProductNow does not guarantee the accuracy, completeness, legality, or fitness of any output for any particular purpose. Outputs should not be relied upon as the sole basis for legal, financial, employment, medical, compliance, or other consequential decisions. 1.4 Use of AI. The ProductNow Services may be facilitated or powered by third-party artificial intelligence technologies, including the use of large language models to process User Content (collectively, “AI Technology”). While ProductNow uses commercially reasonable means to reduce errors, omissions, and biases arising from use of AI Technology, ProductNow makes no warranties, express or implied, regarding the accuracy, reliability, or non-infringement from its use of AI Technology, and disclaims any liability for errors, actions, or omissions taken by Customer based on any AI Technology.In certain jurisdictions, bias audits, notice, and/or consent may be required from the downstream individual when AI Technology is used in connection with employment and/or the processing of personal information. Customer is solely responsible for providing all required consents or notices and satisfying all other requirements with respect to the ProductNow Services (including use of AI Technology). 1.5 Registration. In order to use certain portions of ProductNow Services, you must register an account by providing your email and other information requested in our registration form. You agree to:<ul><li value="1">provide complete and accurate registration information;</li><li value="2">not impersonate another person in registration;</li><li value="3">be responsible for the security of your account; and</li><li value="4">accept sole responsibility for all activities that take place through your account.</li></ul>Failure to limit access to your devices or browser may permit unauthorized use by third parties. 1.6 Data Security. ProductNow implements reasonable and appropriate technical and organizational measures designed to protect the security, confidentiality, and integrity of User Content in our possession and control. Such measures include:<ul><li value="1">access controls;</li><li value="2">encryption in transit;</li><li value="3">regular security assessments; and</li><li value="4">safeguards intended to prevent unauthorized access to or disclosure of User Content.</li></ul>You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. ProductNow shall promptly notify you of any confirmed unauthorized access to User Content of which we become aware, consistent with applicable law. 1.7 No Children Permitted. ProductNow Services is not intended for use by individuals under the age of 18. If you are under the age of 18, please do not register or send any personal information to us. If you have reason to believe that a child under the age of 18 is using ProductNow Services, please contact us immediately at <a href="mailto:support@productnow.ai">support@productnow.ai</a> and we will seek to revoke access and delete any associated information as quickly as possible. 1.8 Privacy Policy. Your use of ProductNow Services is also governed by ProductNow's <a href="https://app.productnow.ai/public/doc/roaq-bchj-dnsm">Privacy Policy</a>, which is incorporated into this Agreement by reference. The Privacy Policy describes how ProductNow collects, uses, shares, and protects personal information in connection with the Services, including our roles as data controller and data processor and the terms of our Data Processing Addendum (Appendix A of the Privacy Policy). By accessing or using ProductNow Services, you agree to the terms of the Privacy Policy. If there is any conflict between this Agreement and the Privacy Policy with respect to the handling of personal data, the Privacy Policy shall govern. ProductNow may update the Privacy Policy from time to time in accordance with its terms; material changes will be communicated as described therein. </section> <section data-section-id='f282ecc3-08e3-4657-82dd-1a1dee882384'><h2 id="2-usage-requirements">2. Usage Requirements</h2>2.1 Restrictions. You may not:<ol><li value="1">use ProductNow Services in a way that infringes, misappropriates, or violates any person's rights;</li><li value="2">reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of ProductNow Services (except to the extent prohibited by applicable law);</li><li value="3">use output from ProductNow Services to develop models that compete with ProductNow;</li><li value="4">use any automated or programmatic method to extract data or output from ProductNow Services, including scraping, web harvesting, or web data extraction; or</li><li value="5">use ProductNow Services in violation of any applicable laws and regulations (including export control laws).</li></ol>You will comply with any rate limits and other requirements in our documentation. 2.2 User Conduct. You represent, warrant, and covenant that:<ol><li value="1">any User Content you transfer via ProductNow Services has been legally obtained and belongs to you;</li><li value="2">you will not engage in any conduct that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, or racially or ethnically offensive;</li><li value="3">you will not provide any false, inaccurate, or misleading information while using ProductNow Services;</li><li value="4">you will not interfere with or disrupt ProductNow Services, servers, or networks connected to ProductNow Services;</li><li value="5">you will not impersonate any person or entity, or falsely misrepresent your affiliation with a person or entity;</li><li value="6">you will not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other proprietary rights of ProductNow or any third party;</li><li value="7">you will not disguise your location through IP proxying or other methods; and</li><li value="8">you will not obtain or attempt to access any content through any means not intentionally made available through ProductNow Services, including circumventing any technological protection measures.</li></ol> 2.3 Feedback. We appreciate feedback, comments, ideas, proposals, and suggestions for improvements (collectively, "Feedback"). If you provide any Feedback to ProductNow, you hereby grant ProductNow the right to freely use such Feedback to maintain, improve, and enhance ProductNow's current and future products, services, and technologies without restriction or compensation to you. 2.4 Confidentiality. In connection with ProductNow Services, you may be given access to certain Confidential Information of ProductNow. You may use Confidential Information only as needed to use ProductNow Services as permitted under this Agreement. You may not disclose Confidential Information to any third party, and you will protect it using at least the same care as you use for your own confidential information of a similar nature."Confidential Information" means nonpublic information that ProductNow or its affiliates designate as confidential or that should reasonably be considered confidential under the circumstances. Confidential Information does not include information that:<ol><li value="1">is or becomes generally available to the public through no fault of yours;</li><li value="2">you already possessed without any confidentiality obligations when you received it under this Agreement;</li><li value="3">is rightfully disclosed to you by a third party without any confidentiality obligations; or</li><li value="4">you independently developed without using Confidential Information.</li></ol>You may disclose Confidential Information when required by law or valid court order, provided you give reasonable prior written notice to ProductNow and use reasonable efforts to limit the scope of disclosure. 2.5 Third-Party Integrations. The ProductNow Services may integrate with applications and materials developed or provided by third parties (collectively, "Third Party Services"). ProductNow does not warrant or guarantee the functionality, availability, or reliability of any Third Party Services. Use of Third Party Services may require you to agree to additional terms imposed by the respective providers. ProductNow reserves the right to modify or discontinue any integrations with Third Party Services at any time without prior notice, and will not be liable for any damages or losses resulting from such modification or discontinuation. 2.6 ProductNow Materials. All templates, workflows, prompts, sample product requirement documents, and other content developed by ProductNow as part of Output but without use of any User Input (collectively, "ProductNow Materials") are and shall remain the sole and exclusive property of ProductNow and its licensors. ProductNow hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during and after the Term to use any ProductNow Materials solely as part of any Output. 2.7 Beta or Evaluation Access. From time to time, ProductNow may make certain features, functionality, or versions of the ProductNow Services available on a preview, beta, or evaluation basis ("Beta Features"). Customer acknowledges that Beta Features:<ul><li value="1">are provided for evaluation and testing purposes only;</li><li value="2">may contain bugs or errors;</li><li value="3">are provided "as is" without warranty or support of any kind; and</li><li value="4">may be modified, suspended, or discontinued at any time in ProductNow's sole discretion.</li></ul>Customer's access to and use of any Beta Features is voluntary and subject to all limitations and restrictions set forth in these Terms. 2.8 Acceptable Use Policy. In addition to the restrictions set forth in Sections 2.1 and 2.2, you agree not to use ProductNow Services to:<ol><li value="1">generate, distribute, or facilitate the spread of content that is unlawful, harmful, abusive, threatening, harassing, defamatory, vulgar, obscene, invasive of another's privacy, or otherwise objectionable;</li><li value="2">produce content that promotes or facilitates violence, discrimination, or illegal activity against any individual or group based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or any other protected characteristic;</li><li value="3">generate false, misleading, or deceptive content intended to deceive end users, spread misinformation, or manipulate public opinion;</li><li value="4">create, transmit, or store malware, viruses, spyware, or any other malicious code or software designed to damage, interfere with, or gain unauthorized access to any system or data;</li><li value="5">use the ProductNow Services in any manner that could damage, overburden, impair, or compromise the availability or integrity of ProductNow Services or other users' access to them;</li><li value="6">collect, harvest, or process personal data of other users or third parties without appropriate legal authority or consent; or</li><li value="7">engage in any activity that constitutes unauthorized use of another's intellectual property, including reproducing, copying, distributing, or creating derivative works without the owner's permission.</li></ol>ProductNow reserves the right to investigate and take appropriate action against violations of this Section, including suspending or terminating access to ProductNow Services. 2.9 Export Controls and Sanctions Compliance. The ProductNow Services and related technical data may be subject to U.S. export control laws, including the Export Administration Regulations ("EAR"), and economic sanctions regulations administered by the U.S. Office of Foreign Assets Control ("OFAC"). You represent and warrant that:<ol><li value="1">you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to a comprehensive U.S. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine);</li><li value="2">you are not identified on, and are not 50% or more owned or controlled by any person identified on, any U.S. government restricted party list, including OFAC's Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department's Entity List, or the U.S. State Department's Debarred Parties List; and</li><li value="3">you will not use, export, re-export, transfer, or otherwise make available ProductNow Services in violation of any applicable export control laws or sanctions regulations.</li></ol>If you become aware that your use of ProductNow Services may violate any applicable export control laws or sanctions regulations, you will promptly notify ProductNow at <a href="mailto:legal@productnow.ai">legal@productnow.ai</a> and immediately cease such use until the matter is resolved. </section> <section data-section-id='e6f82a68-56d3-4822-80e3-fce6f975e2ec'><h2 id="3-fees-and-payments">3. Fees and Payments</h2>3.1 Fees and Billing. To the extent ProductNow Services are made available to you for a fee, you will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page, or as otherwise agreed in writing. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis. Fees are payable in U.S. dollars and are due upon invoice issuance. All payments are nonrefundable except as provided in this Agreement. If your payment cannot be completed, we will provide written notice and may suspend access to ProductNow Services until payment is received. 3.2 Payment by Invoice. If you have executed an Order Form with ProductNow that states you will be billed via invoice, invoices will be sent by email in accordance with the Order Form. Except as otherwise set forth in an Order Form, undisputed fees are due within thirty (30) days of the invoice date. 3.3 Taxes. Unless otherwise stated, Fees do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, excluding Taxes based on our net income. ProductNow uses the name and address in your account registration as the place of supply for tax purposes, so you must keep this information accurate and up-to-date. 3.4 Changes in Fees and Pricing Structure. ProductNow reserves the right to change its prices, fees, billing frequency, and overall pricing structure (including the introduction of new pricing tiers, plans, or models) at any time in its sole discretion. We will provide notice of any such changes by posting to your account and/or to our website. Price increases will be effective fourteen (14) days after they are posted, except for increases made for legal reasons or increases made to any free or beta services, which will be effective immediately. Changes to the pricing structure (including migration to new plans or billing models) will be effective no sooner than thirty (30) days after notice, unless otherwise required by law. Your continued use of ProductNow Services after the effective date of any pricing change constitutes your acceptance of the new pricing. If you do not agree to a pricing change, you must stop using ProductNow Services before the change takes effect.</section> <section data-section-id='ca6a7929-35a6-40d7-a225-b3c75f843eef'><h2 id="4-term-and-termination">4. Term and Termination</h2> 4.1 Termination; Suspension. This Agreement takes effect when you first use ProductNow Services and remains in effect until terminated.<ul><li>You may terminate this Agreement at any time by discontinuing use of ProductNow Services, provided you do not have any Order Forms then in effect.</li><li>ProductNow may terminate this Agreement for any reason by providing you at least 30 days’ advance notice.</li><li>ProductNow may terminate this Agreement immediately upon notice if you materially breach this Agreement, if there are changes in relationships with third-party technology providers outside of our control, or to comply with law or government requests.</li><li>ProductNow may suspend your access, with or without notice, if you do not comply with this Agreement, if your use poses a security risk, or if we suspect fraudulent use.</li></ul> 4.2 Effect of Termination. Upon termination, you will:<ul><li>immediately stop using ProductNow Services; and</li><li>promptly return or, if instructed by us, destroy any Confidential Information.</li></ul>The following sections survive termination: Sections 2.1, 2.2, 2.3, 2.4, and 4–7. <h2>5. Indemnification; Disclaimer; Limitations on Liability</h2> 5.1 Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless, release, defend, and indemnify ProductNow and its officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:<ol><li>your unauthorized access or use of ProductNow Services;</li><li>your violation of any term or condition of this Agreement, the rights of any third party, or any applicable law, rule, or regulation; or</li><li>your User Content.</li></ol> 5.2 General Disclaimer. PRODUCTNOW SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) WITH RESPECT TO PRODUCTNOW SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT PRODUCTNOW SERVICES WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE, OR THAT ANY USER CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. 5.3 Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE PROPERTY, ARISING OUT OF OR RELATING TO ANY ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, OUR SERVICES. Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so this limitation may not apply to you. In no event shall our total liability to you for all damages exceed the lesser of:<ol><li>the amounts you have paid to us in the six (6) months preceding the date of the claim; or</li><li>one hundred U.S. dollars ($100.00 USD) or its equivalent in the local currency of the applicable jurisdiction.</li></ol> THE FOREGOING LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.</section> <section data-section-id='294ff6a5-0c45-488c-a775-23a569862a9e'><h2 id="6-dispute-resolution-by-binding-arbitration">6. Dispute Resolution By Binding Arbitration</h2> 6.1 Agreement to Arbitrate. This section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims arising between you and ProductNow — whether relating to this Agreement, ProductNow Services, or any aspect of the relationship between us — shall be resolved exclusively through final and binding arbitration, rather than in court. Exceptions:<ul><li>You may assert individual claims in small claims court if your claims qualify.</li><li>You may bring issues to the attention of federal, state, or local agencies.</li></ul>By entering into this Agreement, you and ProductNow each waive the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. 6.2 Prohibition of Class and Representative Actions. YOU AND PRODUCTNOW AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, EXCEPT THAT PUBLIC INJUNCTIVE RELIEF MAY BE AWARDED TO THE EXTENT REQUIRED BY APPLICABLE LAW. 6.3 Pre-Arbitration Dispute Resolution. Most concerns can be resolved quickly by emailing <a href="mailto:support@productnow.ai">support@productnow.ai</a>. If those efforts are unsuccessful, the party intending to seek arbitration must first send a written Notice of Dispute by certified mail. The Notice to ProductNow must be sent to:ProductNow, Inc., 645 High Street, Suite A, Palo Alto, CA 94301 (“Notice Address”)The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. If the parties do not resolve the claim within sixty (60) calendar days after the Notice is received, either party may commence an arbitration proceeding. 6.4 Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator under the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. Learn more at <a href="http://www.adr.org">www.adr.org</a> or the AAA’s consumer arbitration page at <a href="http://www.adr.org/consumer">www.adr.org/consumer</a>.Hearing format depends on claim size:<ul><li>Claims of $10,000 or less: You may choose document-only, telephonic, or in-person hearing.</li><li>Claims over $10,000: The right to a hearing is determined by the AAA Rules.</li></ul>The arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. 6.5 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA Rules, with the following exceptions:<ul><li>If the value of relief sought is $75,000 or less, ProductNow will pay all Arbitration Fees at your request.</li><li>If relief sought exceeds $75,000 and you can demonstrate financial hardship, ProductNow will pay your portion of the fees.</li><li>If arbitration costs would be prohibitive compared to litigation costs, ProductNow will pay as much of the Arbitration Fees as the arbitrator deems necessary.</li></ul>Attorneys’ fees are governed by the AAA Rules. 6.6 Confidentiality. All aspects of the arbitration proceeding, including any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties. 6.7 Severability. If any term of this Arbitration Agreement (other than Section 6.2) is found invalid or unenforceable, it will be replaced with a valid term that best reflects the original intent. If any provision of Section 6.2 is found invalid, the entirety of this Arbitration Agreement shall be null and void (unless the invalidity relates solely to public injunctive relief claims). The remainder of the Agreement will continue to apply. 6.8 Future Changes. If ProductNow makes any future change to this Arbitration Agreement (other than a change to the Notice Address), you may reject such change by sending written notice within thirty (30) calendar days to the Notice Address above. By rejecting a change, you agree to arbitrate under the language of this Arbitration Agreement as of the date you first accepted it.</section> <section data-section-id='d7b2aaaf-9cb3-4f19-a7a6-7a660c5d22bc'><h2 id="7-miscellaneous">7. Miscellaneous</h2> 7.1 Entire Agreement. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. This Agreement supersedes any and all prior or contemporaneous written and oral agreements, communications, and other understandings relating to its subject matter. 7.2 Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. Any unauthorized attempt to assign or transfer this Agreement shall be null and void. ProductNow may freely assign or transfer this Agreement. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors, and permitted assigns. 7.3 Notice. We may provide notices to you using commercially reasonable means, including public communication channels (effective upon posting). Notices to ProductNow must be sent by one of the following methods:<ul><li>Mail: ProductNow, Inc., 645 High Street, Suite A, Palo Alto, CA 94301 — Attention: Legal Team</li><li>Email (where permissible): <a href="mailto:legal@productnow.ai">legal@productnow.ai</a></li></ul> 7.4 Modifications. We may amend this Agreement by posting a revised version on our website. If an update materially and adversely affects your rights or obligations, we will notify you by email or in-product notification. Such material changes will become effective no sooner than 30 days after notice. All other changes are effective immediately. Your continued use of ProductNow Services after any change constitutes your acceptance of that change. 7.5 Publicity. Neither party may use the other party’s name or logos without prior written consent. However, during the term, ProductNow may:<ul><li>describe you as a customer;</li><li>include you in ProductNow’s customer lists; and</li><li>use your name and logos to identify you as a customer on its website and in proposals and presentations to prospective clients and investors.</li></ul> 7.6 Force Majeure. Except for the payment of money, neither party shall be responsible for any delay or failure in performance resulting from acts beyond its reasonable control, including without limitation: act of God, act of war or terrorism, riot, epidemic, fire, flood, or act of government — provided that such acts could not have been prevented by the exercise of reasonable diligence by the affected party.</section> <section data-section-id='a4a1014e-1d7c-4cf0-a27e-2a5a7a14eb47'><h2 id="section-7-miscellaneous-7-7-7-10">Section 7: Miscellaneous (7.7–7.10)</h2>7.7 Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to ProductNow. Accordingly, ProductNow shall have the right to seek injunctive or other equitable relief against you in addition to any other legal remedies available. 7.8 Severability. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law or regulation, that provision will be modified and interpreted to accomplish its objectives to the greatest extent possible. The validity and enforceability of all other provisions of this Agreement shall not be affected. 7.9 Governing Law. This Agreement will be governed by the laws of the State of Delaware, without regard to its conflict of law principles. For any disputes or claims not subject to arbitration, you and ProductNow agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in the State of Delaware. 7.10 Waiver. No failure or delay by ProductNow in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver of any default or breach shall not be deemed a continuing waiver or a waiver of any subsequent default or breach. Any waiver by ProductNow must be in writing and signed by an authorized representative of ProductNow to be effective.</section> <section data-section-id='e095a1a2-e9ca-4afe-8e29-645f8ec09f1d'><h2 id="8-copyright-dmca-policy">8. Copyright / DMCA Policy</h2> 8.1 Respect for Intellectual Property. ProductNow respects the intellectual property rights of others and expects users of ProductNow Services to do the same. It is ProductNow's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). 8.2 Submitting a Copyright Takedown Notice. If you believe that content available through ProductNow Services infringes your copyright, you may submit a written notice of infringement to our designated agent at <a href="mailto:support@productnow.ai">support@productnow.ai</a>. To be valid under the DMCA, your notice must include all of the following:<ol><li value="1">Identification of the copyrighted work — A description of the copyrighted work you claim has been infringed, or if multiple works are covered by a single notice, a representative list of such works.</li><li value="2">Identification of the infringing material — A description of the material you claim is infringing and information reasonably sufficient to permit ProductNow to locate the material (e.g., a URL or specific description of where the content appears).</li><li value="3">Your contact information — Your name, address, telephone number, and email address.</li><li value="4">Good faith statement — A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.</li><li value="5">Accuracy statement — A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li><li value="6">Signature — Your physical or electronic signature.</li></ol> 8.3 ProductNow's Response. Upon receipt of a valid DMCA notice, ProductNow will:<ul><li>promptly remove or disable access to the allegedly infringing content;</li><li>notify the user who posted the content; and</li><li>provide the user with an opportunity to submit a counter-notification if they believe the removal was in error.</li></ul> 8.4 Counter-Notification. If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to <a href="mailto:support@productnow.ai">support@productnow.ai</a>. A valid counter-notification must include:<ol><li value="1">your physical or electronic signature;</li><li value="2">identification of the material that was removed and the location where it appeared before removal;</li><li value="3">a statement under penalty of perjury that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification; and</li><li value="4">your name, address, telephone number, and consent to the jurisdiction of the federal court in your district (or Santa Clara County, California if you are located outside the U.S.), and a statement that you will accept service of process from the person who provided the original infringement notice.</li></ol>If a valid counter-notification is received, ProductNow may restore the removed content after ten (10) to fourteen (14) business days, unless ProductNow's designated agent receives notice that the original complaining party has filed a court action seeking to restrain the allegedly infringing activity. 8.5 Repeat Infringers. ProductNow reserves the right to terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances. 8.6 False Notices. Be aware that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees.</section>