Terms of Service for Pear AI

Effective Date: 7/21/2025

1. Acceptance of Terms

By accessing or using Pear AI's services, including our artificial intelligence chatbots, lead qualification systems, customer communication automation, and related AI solutions ("Services"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, do not access or use our Services.

2. Description of Services

Pear AI provides artificial intelligence solutions including:

AI Chatbots: Automated conversational interfaces for customer engagement

Lead Qualification Systems: AI-powered tools to assess and categorize potential customers

Customer Communication Automation: Automated messaging and response systems

Appointment Scheduling: AI-assisted booking and calendar management

Custom AI Solutions: Tailored artificial intelligence applications for specific business needs

3. Account Registration and Security

3.1 Account Creation

To access our Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

Use a strong, unique password for your account

Notify us immediately of any unauthorized use of your account

Log out of your account at the end of each session

Accept responsibility for all activities under your account

3.3 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms or engage in activities that may harm our Services or other users.

4. Use of Services

4.1 Permitted Use

You may use our Services for legitimate business purposes in accordance with these Terms and applicable laws. You agree to:

Use the Services only for lawful purposes

Comply with all applicable local, state, national, and international laws

Respect the intellectual property rights of Pear AI and third parties

4.2 Prohibited Use

You agree not to:

Use the Services for any illegal, harmful, or fraudulent activities

Attempt to gain unauthorized access to our systems or other users' accounts

Interfere with or disrupt the Services or servers/networks connected to the Services

Use the Services to transmit viruses, malware, or other harmful code

Reverse engineer, decompile, or attempt to extract source code from our Services

Use the Services to compete with Pear AI or develop competing products

Share account credentials with unauthorized parties

Use the Services to process personal data of children under 13

5. Client Data and Content

5.1 Client Data Ownership

You retain ownership of all data, content, and information you provide to our Services ("Client Data"). By using our Services, you grant Pear AI a limited, non-exclusive license to process, store, and use Client Data solely to provide the Services to you.

5.2 Data Processing

Pear AI will process Client Data in accordance with:

These Terms of Service

Our Privacy Policy

Applicable data protection laws (GDPR, CCPA, etc.)

Any Data Processing Agreement executed between the parties

5.3 Client Responsibilities

You represent and warrant that:

You have the right to provide Client Data to Pear AI

Client Data does not violate any third-party rights or applicable laws

You have obtained necessary consents for data processing

Client Data does not contain illegal, harmful, or inappropriate content

6. Intellectual Property Rights

6.1 Pear AI Property

Pear AI retains all rights, title, and interest in and to the Services, including all software, algorithms, models, documentation, and related intellectual property. These Terms do not grant you any ownership rights in our intellectual property.

6.2 Feedback and Suggestions

Any feedback, suggestions, or improvements you provide regarding our Services may be used by Pear AI without restriction or compensation to you.

6.3 Third-Party Content

Our Services may include or reference third-party content or services. We do not endorse or assume responsibility for third-party content.

7. Payment Terms

7.1 Fees and Billing

You agree to pay all applicable fees for the Services as specified in your service agreement or as posted on our website. Fees are non-refundable unless otherwise specified in writing.

7.2 Payment Methods

We accept payment through approved payment processors. You authorize us to charge your designated payment method for all applicable fees.

7.3 Late Payments

Late payments may result in service suspension and additional fees. We reserve the right to charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

7.4 Price Changes

We may modify our pricing with 30 days' written notice. Continued use of the Services after price changes constitutes acceptance of the new pricing.

8. Service Level Agreement

8.1 Availability

We strive to maintain 99.5% uptime for our Services, excluding scheduled maintenance and circumstances beyond our reasonable control.

8.2 Support

We provide technical support during standard business hours. Enterprise clients may have access to enhanced support options as specified in their service agreements.

8.3 Maintenance

We may perform scheduled maintenance with advance notice. Emergency maintenance may be performed without prior notice.

9. Disclaimers and Limitations of Liability

9.1 Service Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. PEAR AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 AI Limitations

You acknowledge that:

AI systems may produce inaccurate, inappropriate, or biased outputs

AI responses should be reviewed and validated before use in critical applications

We do not guarantee the accuracy or reliability of AI-generated content

AI systems require ongoing training and may have performance limitations

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEAR AI'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO PEAR AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.4 Excluded Damages

IN NO EVENT SHALL PEAR AI BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

10. Indemnification

You agree to indemnify, defend, and hold harmless Pear AI, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Services

Your violation of these Terms

Your Client Data or content

Your violation of applicable laws or third-party rights

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

12. Termination

12.1 Termination by You

You may terminate your account at any time by providing written notice to Pear AI. Termination does not relieve you of any payment obligations for Services already rendered.

12.2 Termination by Pear AI

We may terminate or suspend your access to the Services immediately, without prior notice, if you:

Breach these Terms

Fail to make required payments

Engage in conduct that may harm Pear AI or other users

Violate applicable laws

12.3 Effect of Termination

Upon termination:

Your access to the Services will cease

You remain liable for all charges incurred through the termination date

We will delete or return your Client Data as required by applicable law

Provisions that should survive termination will remain in effect

13. Force Majeure

Pear AI shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Insert State/Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through:

Informal Resolution: Good faith negotiations for 30 days

Binding Arbitration: If informal resolution fails, disputes will be resolved through binding arbitration under the rules of the American Arbitration Association

Exceptions: Either party may seek injunctive relief in court to protect intellectual property rights

14.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreements, constitute the entire agreement between you and Pear AI regarding the Services.

15.2 Modifications

We may modify these Terms at any time by posting the updated Terms on our website. Continued use of the Services after modifications constitutes acceptance of the updated Terms.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remainder of the Terms shall remain in full force and effect.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our written consent. Pear AI may assign these Terms without restriction.

15.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

15.6 Survival

Provisions that by their nature should survive termination (including payment obligations, intellectual property rights, indemnification, and dispute resolution) shall survive termination of these Terms.

16. Compliance and Regulatory Matters

16.1 Export Controls

You agree to comply with all applicable export control laws and regulations. You will not use the Services in any jurisdiction where prohibited.

16.2 Industry Compliance

If you operate in a regulated industry (healthcare, financial services, etc.), you are responsible for ensuring your use of our Services complies with applicable industry regulations.

16.3 Accessibility

We strive to make our Services accessible to users with disabilities and will work with you to address reasonable accommodation requests.

17. Contact Information

For questions about these Terms or our Services, please contact us:

Pear AI
Email: [email protected]
Phone: 415-246-0598
Address: 4810 SW Zenith Ave

18. Effective Date and Updates

These Terms are effective as of the date first written above and will remain in effect until terminated in accordance with these Terms. We will notify you of material changes to these Terms by:

Posting notice on our website

Sending email notification to your registered email address

Providing in-service notifications

Your continued use of the Services after any modifications constitutes acceptance of the updated Terms.

These Terms of Service were last updated on 7/21/2025. Please review them periodically for any changes.