Terms of Service

LAST REVISED ON: January 15th, 2025

Welcome, and thank you for your interest in Duo Labs Inc. ("Pinch," "we," "us," or "our"). These Terms of Service (this "Agreement") describe the terms and conditions that apply to your use of the Pinch Platform. If your organization has agreed to a separate Enterprise Master Services Agreement with Pinch, the terms of that agreement will govern your use of the Pinch Platform instead of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY.

THIS AGREEMENT GOVERNS THE USE OF THE PINCH PLATFORM AND APPLIES TO ALL USERS ACCESSING OR USING THE PLATFORM. BY ACCESSING OR USING THE PINCH PLATFORM IN ANY WAY, YOU REPRESENT THAT YOU:

  1. HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT;
  2. ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PINCH;
  3. ARE NOT BARRED FROM USING THE PINCH PLATFORM UNDER THE LAWS OF YOUR JURISDICTION; AND
  4. HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF ACCESSING OR USING THE PINCH PLATFORM ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED DURING REGISTRATION.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE PINCH PLATFORM.

1. DEFINITIONS

Capitalized terms used in this Agreement will have the meanings assigned below or where first used in the Agreement:

1.1 "Access Credentials":

Login credentials, API keys, or any other access codes or tools provided by Pinch to access the Pinch Platform.

1.2 "Authorized Users":

Individuals authorized by a Customer to access the Pinch Platform under this Agreement.

1.3 "Customer":

The individual or entity entering into this Agreement with Pinch and subscribing to the functionality of the Pinch Platform.

1.4 "Customer Content":

Data, videos, audio, or other materials provided by or on behalf of Customer for use within the Pinch Platform.

1.5 "Documentation":

Technical and user guides, tutorials, or other materials provided by Pinch describing the functionality and use of the Pinch Platform.

1.6 "Media Output":

Translated, transcribed, or other processed files generated by the Pinch Platform based on Customer Content.

1.7 "Pinch Platform":

The software-as-a-service (SaaS) platform provided by Duo Labs Inc., including real-time translation, video conferencing, and related features.

1.8 "Subscription Plan":

The tier of service and associated features selected by the Customer during registration or use of the Pinch Platform.

2. ACCOUNTS

2.1 Account Registration:

To access the Pinch Platform, you may need to create an account or use credentials from a third-party service authorized by Pinch.

2.2 Account Responsibilities:

You are responsible for maintaining the confidentiality of your Access Credentials and for all activities under your account. You must immediately notify Pinch of any unauthorized use of your account.

2.3 Eligibility:

By creating an account, you confirm that you meet the eligibility criteria and are authorized to use the Pinch Platform.

3. ACCESS AND USE

3.1 License Grant:

Subject to this Agreement, Pinch grants you a non-exclusive, non-transferable license to access and use the Pinch Platform according to your Subscription Plan and the Documentation.

3.2 Usage Restrictions:

You may not (and may not allow others to):

  • Reverse engineer, decompile, or disassemble the Pinch Platform.
  • Use the Pinch Platform to develop competitive products.
  • Upload unlawful, infringing, or malicious content.

3.3 Support Services:

Pinch will provide reasonable technical support as specified in your Subscription Plan.

4. CUSTOMER CONTENT

4.1 Ownership:

You retain all rights to your Customer Content. By submitting Customer Content, you grant Pinch a non-exclusive, royalty-free license to process, analyze, and store it solely to provide the Service.

4.2 Responsibilities:

You represent that you have all necessary rights to upload Customer Content and that such content does not violate any laws or third-party rights.

4.3 Media Output:

Media Output generated by the Pinch Platform is provided solely for your use and in accordance with this Agreement.

5. FEES AND PAYMENTS

5.1 Fees:

Subscription fees and other charges are outlined during registration or on our Pricing page. Fees are non-refundable except as required by law.

5.2 Payment Terms:

Payment details must be accurate and current. By providing payment information, you authorize Pinch or its payment processor to charge the associated fees.

5.3 Taxes:

You are responsible for all applicable taxes, excluding taxes based on Pinch's net income.

6. INTELLECTUAL PROPERTY

6.1 Pinch IP:

The Pinch Platform, Documentation, and all associated intellectual property rights are owned by Duo Labs Inc.

6.2 Feedback:

Any feedback or suggestions you provide to Pinch may be used to improve the platform, and you grant Pinch a perpetual, royalty-free license to use such feedback.

7. WARRANTIES AND DISCLAIMERS

7.1 Platform Availability:

Pinch will use commercially reasonable efforts to ensure the availability of the Pinch Platform.

7.2 Disclaimer:

THE PINCH PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

8.1 Exclusion of Damages:

Pinch will not be liable for indirect, special, incidental, or consequential damages, including lost profits.

8.2 Liability Cap:

Pinch's total liability will not exceed the fees paid by the Customer in the 12 months preceding the claim.

9. TERM AND TERMINATION

9.1 Term:

This Agreement remains in effect as long as you use the Pinch Platform.

9.2 Termination:

Either party may terminate this Agreement for cause with 30 days' notice of a material breach that is not cured.

9.3 Effect of Termination:

Upon termination, you must stop using the Pinch Platform, and Pinch will delete your Customer Content as required by applicable laws.

10. MISCELLANEOUS

10.1 Governing Law:

This Agreement is governed by the laws of the State of California, without regard to its conflict of laws principles.

10.2 Force Majeure:

Pinch is not responsible for delays or failures caused by events beyond its reasonable control.

10.3 Entire Agreement:

This Agreement constitutes the entire agreement between you and Pinch concerning the subject matter hereof.

For questions about these Terms, contact us:

  • Email: support@startpinch.com