Terms of Service

Last updated: January 29, 2026

These Terms of Service ("Terms") govern access to and use of the services provided by Plucky Labs, LLC ("Plucky," "we," "us," or "our"), including our website at https://www.plucky.ai, software platform, APIs, developer tools, and related services (collectively, the "Services").

By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. Eligibility and Access

The Services are intended for use by authorized business users only.

Customers may embed Plucky-powered AI functionality into their own products or websites, which may allow their end users to interact with AI-generated outputs. Customers are solely responsible for:

• controlling access to their embedded experiences,
• informing their end users about the nature of the AI functionality, and
• ensuring their own compliance with applicable laws.

You must not use the Services for personal, consumer, or household purposes.

2. Accounts and Use

You are responsible for:

• maintaining the confidentiality of your account credentials,
• all activities that occur under your account,
• ensuring that all authorized users comply with these Terms.

You agree not to:

• misuse or abuse the Services,
• attempt to reverse engineer or interfere with the Services,
• use the Services in violation of applicable law.

3. Plans, Fees, and Payment

Certain Services require payment of fees.

• Paid plans are billed via Stripe on a monthly or annual basis, unless otherwise agreed.
• Some customers may be invoiced pursuant to a separate enterprise or negotiated agreement.
• Fees are non-refundable except where required by law or expressly approved by Plucky in its discretion.
• Failure to pay may result in suspension or termination of access.

Taxes are your responsibility, excluding taxes based on Plucky's income.

Usage Limits and Fair Use

Access to and use of the Services may be subject to usage limits, quotas, or other restrictions based on the applicable pricing plan, including usage caps and on-demand usage credits.

Plucky reserves the right to enforce reasonable usage limits, throttle requests, or restrict access where usage:

• exceeds applicable plan limits,
• materially degrades system performance, or
• poses a risk to the stability, security, or reliability of the Services.

Plucky will make reasonable efforts to align enforcement with published pricing and usage terms.

Pricing Changes

Plucky reserves the right to modify pricing, fees, or applicable usage limits from time to time.

Any changes to pricing or fees will apply prospectively and, where applicable, will take effect at the start of the next billing period following notice to you.

Auto-Renewal

Paid subscriptions automatically renew for successive billing periods of the same length unless terminated prior to the end of the then-current billing period.

You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period. Fees paid are non-refundable except as expressly stated in these Terms or required by law.

4. Customer Data and Ownership

As between the parties:

• Customers retain all right, title, and interest in data they submit to or make available through the Services ("Customer Data").
• Plucky does not claim ownership over Customer Data.

You grant Plucky a limited, non-exclusive license to process Customer Data solely as necessary to provide, maintain, and improve the Services in accordance with these Terms and applicable agreements.

A Data Processing Agreement is available upon request for customers requiring one.

5. AI Functionality and Disclaimers

The Services may include artificial intelligence or machine learning features that generate outputs based on probabilistic models.

You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, or inappropriate.
• Outputs are provided for informational purposes only.
• You are responsible for reviewing, validating, and determining the suitability of all outputs before use.
• You are responsible for informing your own users about the nature and limitations of AI-generated content.

The Services and AI outputs do not constitute legal, medical, financial, or professional advice, and must not be relied upon as such.

You acknowledge that the Services are designed to support human decision-making and workflows, and are not intended to operate autonomously or without human oversight.

You are responsible for ensuring that appropriate human review, approval, and supervision are applied to any actions, decisions, or outputs generated using the Services.

6. Beta and Preview Features

From time to time, Plucky may make available features, functionality, or services that are identified as beta, preview, experimental, or early access ("Beta Features").

Beta Features are provided on an "as is" and "as available" basis and may contain errors, defects, or inaccuracies. Plucky makes no commitments regarding the availability, performance, or continued inclusion of any Beta Features, and may modify or discontinue them at any time without notice.

Beta Features are not subject to any service level commitments or warranties.

7. On-Premises and Self-Hosted Deployments

For customers using on-premises or self-hosted deployments, separate agreements or order forms may apply.

If there is a conflict between these Terms and a separate written agreement governing an on-premises or self-hosted deployment, the separate agreement will control.

8. Suspension and Termination

Plucky may suspend or terminate access to the Services if:

• you violate these Terms,
• payment is delinquent,
• your use poses a security, legal, or operational risk.

Customers may terminate their account at any time. Termination will take effect at the end of the then-current billing period unless otherwise agreed.

Upon termination:

• access to the Services will cease,
• outstanding fees remain payable,
• provisions that by their nature should survive will survive (including limitations of liability).

9. Intellectual Property

The Services, including all software, documentation, and underlying technology, are owned by Plucky or its licensors and are protected by intellectual property laws.

Except as expressly permitted, no rights are granted to you other than the right to use the Services in accordance with these Terms.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUCKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Plucky does not warrant that the Services will be uninterrupted, error-free, or meet your requirements.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• PLUCKY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES.
• PLUCKY'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT PAID BY YOU TO PLUCKY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the theory of liability.

12. Force Majeure

Plucky will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, power or network failures, failures of third-party service providers, or interruptions or unavailability of cloud infrastructure or AI model providers.

13. Export Controls and Sanctions

You represent and warrant that you are not located in, and will not use the Services from, any country or region subject to U.S. embargoes or sanctions, and that you are not listed on any U.S. government restricted or denied parties list.

You agree to comply with all applicable export control and sanctions laws and regulations in connection with your use of the Services.

14. Assignment

You may not assign or transfer these Terms, in whole or in part, without Plucky's prior written consent, except in connection with a merger, sale of substantially all assets, or similar transaction.

Plucky may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

15. Publicity

Plucky may identify you as a customer of the Services and use your name in customer lists, marketing materials, and promotional content. Such use will be factual and will not imply endorsement.

Plucky will not use your logos, trademarks, or branding in a manner that implies endorsement without your prior consent, unless otherwise agreed in writing.

16. Indemnification

You agree to indemnify and hold harmless Plucky from claims arising out of:

• your use of the Services,
• your Customer Data,
• your embedded AI experiences,
• your violation of these Terms or applicable law.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

You agree to the exclusive jurisdiction of the state and federal courts located in New York, New York for the resolution of any disputes arising out of or relating to these Terms or the Services.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

19. Changes to These Terms

We may update these Terms from time to time. Updated Terms will be posted with a revised "Last updated" date.

Continued use of the Services after changes become effective constitutes acceptance.

20. Contact Us

If you have questions about these Terms, contact us at:

Plucky Labs, LLC
Email: privacy@plucky.ai
Website: https://www.plucky.ai